Manning, R. v (Rev 1)

Manning, R. v (Rev 1)

The original sentence of 12 months' imprisonment suspended for 24 months was unduly lenient; the proper starting point should have been 30 months, resulting in a 24-month custodial term after credit for a guilty plea. However, given the mitigation, low risk, compliance with orders, and the impact of Covid-19 on prison conditions, the sentence should remain suspended.

Parties
Applicant: Her Majesty's Solicitor General; Respondent: Christopher Manning
Jurisdiction
England and Wales
Judgment Date
30 April 2020
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under Section 36 of the Criminal Justice Act 1988
Outcome
Sentence varied; custodial term increased but suspension maintained
Legal Topics
Sentencing, Sexual Offences, Suspended Sentences, Attorney General's Reference, Unduly Lenient Sentences
Criminal Law Sentencing Sexual Offences Suspended Sentences Attorney General's Reference Unduly Lenient Sentences

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Parties

Her Majesty's Solicitor General

Applicant

Christopher Manning

Respondent

Procedural Posture

Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient under section 36 of the Criminal Justice Act 1988
  2. 2 Proper categorisation of incitement to sexual activity with a child under sentencing guidelines
  3. 3 Whether a suspended sentence was appropriate given the facts

Ratio Decidendi

The original sentence of 12 months' imprisonment suspended for 24 months was unduly lenient; the proper starting point should have been 30 months, resulting in a 24-month custodial term after credit for a guilty plea. However, given the mitigation, low risk, compliance with orders, and the impact of Covid-19 on prison conditions, the sentence should remain suspended.

Court Disposition

Sentence varied; custodial term increased but suspension maintained

Orders

  • Custodial term increased from 12 months to 24 months, suspended for 24 months
  • All other ancillary orders (curfew, Rehabilitation Activity Order, Sexual Harm Prevention Order, restraining order, compensation, costs) remain unaffected