R v Ian Hewitt

R v Ian Hewitt

The sentence was not manifestly excessive. The judge made an appropriate downward adjustment for the fact that the offence in Count 13 did not take place and the children were fictitious. The structure of consecutive and concurrent sentences properly reflected the totality of the offending, and the overall sentence was just and proportionate given the seriousness and persistence of the offences.

Parties
Prosecutor: Rex; Appellant: Ian Hewitt
Jurisdiction
England and Wales
Judgment Date
09 March 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sexual Offences, Sentencing, Indecent Images of Children, Attempted Sexual Communication With a Child, Distribution of Indecent Images, Encouraging or Assisting Crime
Criminal Law Sexual Offences Sentencing Indecent Images of Children Attempted Sexual Communication With a Child Distribution of Indecent Images Encouraging or Assisting Crime

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Parties

Rex

Prosecutor

Ian Hewitt

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the total sentence of 10 years’ imprisonment was manifestly excessive
  2. 2 Whether the judge failed to apply sufficient reduction for the fact that no actual offence took place 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. The judge made an appropriate downward adjustment for the fact that the offence in Count 13 did not take place and the children were fictitious. The structure of consecutive and concurrent sentences properly reflected the totality of the offending, and the overall sentence was just and proportionate given the seriousness and persistence of the offences.

Court Disposition

appeal dismissed

Orders

  • Appeal against sentence dismissed