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
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Ian Hewitt
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the total sentence of 10 years' imprisonment was manifestly excessive
- 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 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
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