Herring, R. v [2025] EWCA Crim 1864 (05 December 2025)
The sentence imposed was manifestly excessive as insufficient account was taken of the lack of actual harm in the decoy cases; a further reduction was justified, resulting in a substituted sentence of 5 years' imprisonment.
- Citation
- [2025] EWCA Crim 1864
- Parties
- Prosecution: Rex; Applicant: John Herring
- Jurisdiction
- England and Wales
- Judgment Date
- 05 December 2025
- Procedural Posture
- Criminal Appeal / Renewed Application for Permission to Appeal and Substantive Appeal
- Outcome
- appeal allowed
- Legal Topics
- Sentencing, Sexual Offences, Appeals, Mitigation, Sentencing Guidelines
Case Brief
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Parties
Rex
Prosecution
John Herring
Applicant
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal and Substantive Appeal
Legal Issues
- 1 Whether the sentence imposed was manifestly excessive given the nature of the offences and the presence of decoy victims
- 2 Whether sufficient account was taken of the lack of actual harm in decoy cases
Ratio Decidendi
The sentence imposed was manifestly excessive as insufficient account was taken of the lack of actual harm in the decoy cases; a further reduction was justified, resulting in a substituted sentence of 5 years' imprisonment.
Court Disposition
appeal allowed
Orders
- Permission to appeal granted
- Sentence of 6 years 9 months substituted with 5 years' custodial imprisonment
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