R v EMW

R v EMW

The overall sentence of 10 years was not manifestly excessive; the sentencing judge properly applied the totality principle, considered all relevant mitigation, and the sentence was proportionate to the overall criminality. The statutory surcharge was quashed as it was not applicable to offences committed at the relevant time.

Parties
Prosecutor: Rex; Appellant: EMW
Jurisdiction
England and Wales
Judgment Date
06 July 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Historic Child Cruelty, Sentencing Principles, Sexual Offences, Totality Principle, Mitigation
Criminal Law Child Protection Historic Child Cruelty Sentencing Principles Sexual Offences Totality Principle Mitigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Rex

Prosecutor

EMW

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the total sentence imposed was manifestly excessive
  2. 2 Whether the sentencing judge properly applied the totality principle
  3. 3 Whether sufficient mitigation was given for age, good character, ill-health, and passage of time

Ratio Decidendi

The overall sentence of 10 years was not manifestly excessive; the sentencing judge properly applied the totality principle, considered all relevant mitigation, and the sentence was proportionate to the overall criminality. The statutory surcharge was quashed as it was not applicable to offences committed at the relevant time.

Court Disposition

appeal dismissed

Orders

  • sentence upheld
  • statutory surcharge order quashed