Salt, R. v

Parties

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

1. 1 Whether the sentence imposed for breach of notification requirements under the Sexual Offences Act 2003 was manifestly excessive
2. 2 Whether the judge erred in his approach to the suspended sentences and totality
3. 3 Whether the seriousness of the offences justified the starting point for sentence

Ratio Decidendi

The sentence imposed was manifestly excessive because the judge failed to properly distinguish between the seriousness of the offences on the two indictments, gave undue weight to less serious breaches and suspended sentences, and did not properly apply the statutory requirements for dealing with suspended sentences. The appropriate sentence, giving credit for late pleas, was 2½ years' imprisonment for the children indictment and 9 months for the banking indictment, all to run concurrently, with the suspended sentences also imposed concurrently.

Court Disposition

Appeal allowed in part; sentence reduced

Orders

• Sentences of 3 years' imprisonment quashed and substituted with 2½ years' imprisonment on each count of the children indictment, to run concurrently
• Sentences of 9 months' imprisonment on each count of the banking indictment, to run concurrently and concurrently with the children indictment sentences