Smith, R. v

Smith, R. v

The sentence imposed was overall too long given the aggravating features and the late guilty plea; the appropriate sentence for count 11 is 18 months' imprisonment, with concurrent sentences for counts 1 and 2 undisturbed.

Parties
Prosecution: Regina; Appellant: Keith Alan Smith
Jurisdiction
England and Wales
Judgment Date
25 June 2007
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sexual Offences, Sentencing, Appeal, Breach of Trust
Criminal Law Sexual Offences Sentencing Appeal Breach of Trust

Case Brief

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Parties

Regina

Prosecution

Keith Alan Smith

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive given the seriousness of the offences
  2. 2 Appropriate starting point for sentencing for sexual activity in the presence of a child
  3. 3 Consideration of aggravating features such as breach of trust and persistence

Ratio Decidendi

The sentence imposed was overall too long given the aggravating features and the late guilty plea; the appropriate sentence for count 11 is 18 months' imprisonment, with concurrent sentences for counts 1 and 2 undisturbed.

Court Disposition

appeal allowed in part

Orders

  • Sentence on count 11 reduced to 18 months' imprisonment
  • Concurrent sentence on count 2 undisturbed