R v Everet Winston Higgins

R v Everet Winston Higgins

The sentence imposed was not manifestly excessive given the seriousness, duration, and nature of the offending, the age of the victims, and the aggravating factors. The sentencing judge properly applied the Sentencing Guidelines, considered totality, and was entitled to rely on the victim's statement and the psychological report. The only correction is that the applicant will serve half, not two-thirds, of the determinate term for the offences against C1.

Parties
Prosecution: Rex; Applicant: Everet Winston Higgins
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence
Outcome
Renewed application for permission to appeal against sentence refused
Legal Topics
Sexual Offences, Sentencing, Appeal Against Sentence, Indecent Assault, Assault of a Child Under 13 by Penetration, Causing or Inciting a Child to Engage in Sexual Activity, Encouraging the Taking of Indecent Photographs of a Child
Criminal Law Sexual Offences Sentencing Appeal Against Sentence Indecent Assault Assault of a Child Under 13 by Penetration Causing or Inciting a Child to Engage in Sexual Activity Encouraging the Taking of Indecent Photographs of a Child

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 4 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Rex

Prosecution

Everet Winston Higgins

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the sentencing judge failed to properly assess seriousness, totality, and mitigating factors
  3. 3 Whether the judge was overly mechanistic in applying Sentencing Guidelines

Ratio Decidendi

The sentence imposed was not manifestly excessive given the seriousness, duration, and nature of the offending, the age of the victims, and the aggravating factors. The sentencing judge properly applied the Sentencing Guidelines, considered totality, and was entitled to rely on the victim's statement and the psychological report. The only correction is that the applicant will serve half, not two-thirds, of the determinate term for the offences against C1.

Court Disposition

Renewed application for permission to appeal against sentence refused

Orders

  • Clarification that the applicant will serve half, not two-thirds, of the determinate term for the offences against C1