Pickering, R v [2019] EWCA Crim 936 (23 May 2019)

Pickering, R v [2019] EWCA Crim 936 (23 May 2019)

The original suspended sentence was unduly lenient given the persistent and coercive nature of the blackmail, the repeated sexual assaults procured by threats, the humiliation and distress caused to the victim, and the aggravating features including use of fake social media accounts and dissemination of indecent images. Mitigation from Asperger's Syndrome and remorse was limited in the circumstances. The appropriate sentence was three years' immediate imprisonment.

Citation
[2019] EWCA Crim 936
Parties
Prosecution: Regina (The Crown); Defendant: Jamie Lee Pickering
Jurisdiction
England and Wales
Judgment Date
23 May 2019
Procedural Posture
Criminal Appeal (attorney General's Reference) / Sentence Review Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; original sentence quashed and replaced with immediate imprisonment.
Legal Topics
Sexual Assault, Blackmail, Sentencing, Unduly Lenient Sentences, Mitigation (asperger's Syndrome)
Criminal Law Sexual Assault Blackmail Sentencing Unduly Lenient Sentences Mitigation (asperger's Syndrome)

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Parties

Regina (The Crown)

Prosecution

Jamie Lee Pickering

Defendant

Procedural Posture

Criminal Appeal (attorney General's Reference) / Sentence Review Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original suspended sentence for sexual assault and blackmail was unduly lenient
  2. 2 Appropriate weight to be given to mitigation including Asperger's Syndrome and remorse
  3. 3 Proper sentencing approach for offences involving blackmail and coerced sexual activity

Ratio Decidendi

The original suspended sentence was unduly lenient given the persistent and coercive nature of the blackmail, the repeated sexual assaults procured by threats, the humiliation and distress caused to the victim, and the aggravating features including use of fake social media accounts and dissemination of indecent images. Mitigation from Asperger's Syndrome and remorse was limited in the circumstances. The appropriate sentence was three years' immediate imprisonment.

Court Disposition

Appeal allowed; original sentence quashed and replaced with immediate imprisonment.

Orders

  • Quash suspended sentences and substitute 3 years' imprisonment (concurrent on all counts)
  • Sexual harm prevention order to continue for 10 years