Noble, R. v [2024] EWCA Crim 399 (26 January 2024)

Noble, R. v [2024] EWCA Crim 399 (26 January 2024)

The sentence of 10 years' custody (within a 14-year extended sentence) was not manifestly excessive given the seriousness, multiplicity, and escalation of the offences, the aggravating features, and the limited mitigation. The reduction for the absence of a real child and the application of totality were...

Source-derived case information.

Citation
[2024] EWCA Crim 399
Parties
Prosecution: Rex; Appellant: John Peter Noble
Jurisdiction
England and Wales
Judgment Date
26 January 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Sexual Offences, Extended Sentences, Dangerousness, Totality Principle, Credit for Guilty Plea
Criminal Law Sentencing Sexual Offences Extended Sentences Dangerousness Totality Principle Credit for Guilty Plea

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Summary, issues, holding and outcome

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Parties

Rex

Prosecution

John Peter Noble

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the custodial term of 10 years was manifestly excessive for the offences committed
  2. 2 Whether the sentencing judge double-counted aggravating features or failed to give sufficient reduction for the absence of a real child
  3. 3 Whether the total sentence imposed was just and proportionate to the offending as a whole

Ratio Decidendi

The sentence of 10 years' custody (within a 14-year extended sentence) was not manifestly excessive given the seriousness, multiplicity, and escalation of the offences, the aggravating features, and the limited mitigation. The reduction for the absence of a real child and the application of totality were appropriate. The appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Record to be amended to reflect the judge's sentences on the individual offences as analysed by the Court of Appeal.