Taylor, R v [2018] EWCA Crim 2187 (24 July 2018)

Taylor, R v [2018] EWCA Crim 2187 (24 July 2018)

The original sentences of twelve months' imprisonment were unduly lenient given the seriousness, repeated nature, and aggravating features of the offences. The appropriate sentence, after measured adjustment for historical maxima and mitigation, was thirty months' imprisonment concurrent on each count.

Citation
[2018] EWCA Crim 2187
Parties
Prosecution: Regina; Defendant: Frederick Taylor
Jurisdiction
England and Wales
Judgment Date
24 July 2018
Procedural Posture
Criminal Appeal Reference by Attorney General / Sentence Review Under S.36 Criminal Justice Act 1988
Outcome
Sentence increased on reference; original sentence quashed.
Legal Topics
Indecent Assault, Sentencing, Abuse of Trust, Unduly Lenient Sentences
Criminal Law Sexual Offences Indecent Assault Sentencing Abuse of Trust Unduly Lenient Sentences

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Parties

Regina

Prosecution

Frederick Taylor

Defendant

Procedural Posture

Criminal Appeal Reference by Attorney General / Sentence Review Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original sentence imposed for indecent assault was unduly lenient
  2. 2 Proper categorisation of harm and culpability under modern sentencing guidelines
  3. 3 Appropriate adjustment for historical offences with lower statutory maxima

Ratio Decidendi

The original sentences of twelve months' imprisonment were unduly lenient given the seriousness, repeated nature, and aggravating features of the offences. The appropriate sentence, after measured adjustment for historical maxima and mitigation, was thirty months' imprisonment concurrent on each count.

Court Disposition

Sentence increased on reference; original sentence quashed.

Orders

  • Leave to refer granted.
  • Sentence of twelve months' imprisonment on each count quashed.