JOHN ANTHONY TURNER v THE QUEEN

JOHN ANTHONY TURNER v THE QUEEN

The sentencing judge erred by sentencing on the basis of digital penetration and multiple incidents not established by the evidence or indictment, resulting in sentences that were wrong in principle and manifestly excessive; sentences for counts 2, 5, and 6 were reduced to reflect only single incidents as per the indictment and evidence.

Parties
Appellant: John Anthony Turner; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
06 May 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part; sentences for counts 2, 5, and 6 reduced.
Legal Topics
Sentencing, Sexual Offences, Historic Child Abuse, Totality Principle
Criminal Law Sentencing Sexual Offences Historic Child Abuse Totality Principle

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Parties

John Anthony Turner

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred by sentencing on the basis of digital penetration not alleged by the Crown
  2. 2 Whether the sentence imposed was manifestly excessive given the gravity of the offending
  3. 3 Whether the principle of totality was properly applied

Ratio Decidendi

The sentencing judge erred by sentencing on the basis of digital penetration and multiple incidents not established by the evidence or indictment, resulting in sentences that were wrong in principle and manifestly excessive; sentences for counts 2, 5, and 6 were reduced to reflect only single incidents as per the indictment and evidence.

Court Disposition

Appeal allowed in part; sentences for counts 2, 5, and 6 reduced.

Orders

  • Sentences of 6 years on counts 2, 5, and 6 quashed and replaced with 4 years each.
  • Total sentence reduced from 16 years to 12 years' imprisonment.