Hewitt, R. v [2024] EWCA Crim 822 (04 July 2024)

Hewitt, R. v [2024] EWCA Crim 822 (04 July 2024)

The sentence was not manifestly excessive as the judge made appropriate downward adjustments for the fact that no actual offence took place and the children were fictitious, properly applied the principle of totality, and the overall sentence was just and proportionate to the totality of the sustained and serious sexual offending.

Citation
[2024] EWCA Crim 822
Parties
Prosecution: Rex; Appellant: Ian Hewitt
Jurisdiction
England and Wales
Judgment Date
04 July 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Sexual Offences, Indecent Images, Encouraging or Assisting Crime, Appeal Procedure

Case Brief

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Parties

Rex

Prosecution

Ian Hewitt

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

  1. 1 Whether the total sentence of 10 years' imprisonment was manifestly excessive
  2. 2 Whether the sentencing judge failed to apply sufficient reduction for the fact that no actual offence took place or was arranged in Count 13
  3. 3 Whether the principle of totality was properly applied in structuring consecutive sentences

Ratio Decidendi

The sentence was not manifestly excessive as the judge made appropriate downward adjustments for the fact that no actual offence took place and the children were fictitious, properly applied the principle of totality, and the overall sentence was just and proportionate to the totality of the sustained and serious sexual offending.

Court Disposition

appeal dismissed