Clifford, R v [2014] EWCA Crim 2245 (07 November 2014)

Clifford, R v [2014] EWCA Crim 2245 (07 November 2014)

Despite errors by the sentencing judge in treating bad character evidence and appellant's conduct as aggravating factors, the overall sentence of 8 years was justified and proportionate given the seriousness, multiplicity, and aggravating features of the offences, and did not breach statutory or human rights...

Source-derived case information.

Citation
[2014] EWCA Crim 2245
Parties
Respondent: R; Appellant: Frank Maxwell Clifford
Jurisdiction
England and Wales
Judgment Date
07 November 2014
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Sentencing, Sexual Offences, Appeal Procedure, Bad Character Evidence, Article 7 ECHR
Criminal Law Sentencing Sexual Offences Appeal Procedure Bad Character Evidence Article 7 ECHR

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Parties

R

Respondent

Frank Maxwell Clifford

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 8 years was manifestly excessive for historic indecent assault offences
  2. 2 Whether the sentencing judge erred by treating bad character evidence and appellant's conduct as aggravating factors
  3. 3 Whether there was a breach of Article 7(1) ECHR by reference to modern sentencing guidelines

Ratio Decidendi

Despite errors by the sentencing judge in treating bad character evidence and appellant's conduct as aggravating factors, the overall sentence of 8 years was justified and proportionate given the seriousness, multiplicity, and aggravating features of the offences, and did not breach statutory or human rights principles.

Court Disposition

Appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal against sentence dismissed