Sturt, R. v

Sturt, R. v

The starting point for sentencing was too high as it failed to reflect significant mitigation, including lack of force, immediate apology, and assistance to the victim. The appropriate sentence is 18 months' imprisonment. The sexual offences prevention order should be until further order, not indefinite.

Parties
Prosecution: Regina; Appellant: Kenneth George Sturt
Jurisdiction
England and Wales
Judgment Date
23 January 2009
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Sexual Assault, Sentencing, Sexual Offences Prevention Order, Abuse of Trust, Mitigation
Criminal Law Sexual Assault Sentencing Sexual Offences Prevention Order Abuse of Trust Mitigation

Case Brief

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Parties

Regina

Prosecution

Kenneth George Sturt

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive given the mitigation
  2. 2 Whether the sexual offences prevention order was correctly imposed indefinitely

Ratio Decidendi

The starting point for sentencing was too high as it failed to reflect significant mitigation, including lack of force, immediate apology, and assistance to the victim. The appropriate sentence is 18 months' imprisonment. The sexual offences prevention order should be until further order, not indefinite.

Court Disposition

appeal allowed in part

Orders

  • Sentences of 3 years' imprisonment quashed and substituted with concurrent sentences of 18 months' imprisonment
  • Sexual offences prevention order to be in force until further order