R v John Herring

R v John Herring

The Court held that while the offences were serious and warranted a custodial sentence, insufficient account was taken of the lack of actual harm in the decoy cases. Therefore, a further reduction in sentence was justified beyond that given by the trial judge.

Parties
Prosecution: Rex; Applicant: John Herring
Jurisdiction
England and Wales
Judgment Date
13 March 2026
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sexual Offences, Sentencing, Appeal Against Sentence, Use of Decoys in Sexual Offences, Mitigation in Sentencing
Criminal Law Sexual Offences Sentencing Appeal Against Sentence Use of Decoys in Sexual Offences Mitigation in Sentencing

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Parties

Rex

Prosecution

John Herring

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive given the nature of the offences and the involvement of decoys
  2. 2 Whether sufficient account was taken of the lack of actual harm in decoy cases
  3. 3 Whether the judge erred in applying the sentencing guidelines without further reduction for mitigation

Ratio Decidendi

The Court held that while the offences were serious and warranted a custodial sentence, insufficient account was taken of the lack of actual harm in the decoy cases. Therefore, a further reduction in sentence was justified beyond that given by the trial judge.

Court Disposition

appeal allowed

Orders

  • Permission to appeal granted
  • Sentence of 6 years 9 months substituted with 5 years' custodial imprisonment