R v Kyle Franklyn Buckley

R v Kyle Franklyn Buckley

The concatenation of aggravating factors, including the continuum of sexual assault, public nature of the offence, intoxication, and the appellant's criminal record, justified a starting point above the guideline range. The reductions for totality and late guilty plea were adequate. The sentence was not manifestly excessive.

Parties
Prosecutor: Rex; Appellant: Kyle Franklyn Buckley
Jurisdiction
England and Wales
Judgment Date
15 October 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sexual Assault, Sentencing, Aggravating Factors, Totality Principle, Guilty Plea Credit
Criminal Law Sexual Assault Sentencing Aggravating Factors Totality Principle Guilty Plea Credit

Case Brief

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Parties

Rex

Prosecutor

Kyle Franklyn Buckley

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the starting point for sentence was too high given the facts and guidelines
  2. 2 Whether sufficient weight was given to the principle of totality
  3. 3 Whether the sentence was manifestly excessive

Ratio Decidendi

The concatenation of aggravating factors, including the continuum of sexual assault, public nature of the offence, intoxication, and the appellant's criminal record, justified a starting point above the guideline range. The reductions for totality and late guilty plea were adequate. The sentence was not manifestly excessive.

Court Disposition

appeal dismissed

Orders

  • Sentence of 2 years' imprisonment to be served consecutively to existing sentence upheld
  • 15-year restraining order maintained