R v LN

R v LN

The sentence was not manifestly excessive given the seriousness, duration, and impact of the offending, but the structure of the sentence under section 278 of the Sentencing Code was incorrect and required adjustment.

Parties
Prosecutor: Rex; Applicant: L N
Jurisdiction
England and Wales
Judgment Date
07 March 2023
Procedural Posture
Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sexual Offences, Sentencing, Children as Victims, Abuse of Trust, Appeal Against Sentence
Criminal Law Sexual Offences Sentencing Children as Victims Abuse of Trust Appeal Against Sentence

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Parties

Rex

Prosecutor

L N

Applicant

Procedural Posture

Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the total sentence of 15½ years' imprisonment with two years' extended licence was manifestly excessive
  2. 2 Whether the sentencing judge erred in categorising the offences and in structuring the sentence under section 278 of the Sentencing Code

Ratio Decidendi

The sentence was not manifestly excessive given the seriousness, duration, and impact of the offending, but the structure of the sentence under section 278 of the Sentencing Code was incorrect and required adjustment.

Court Disposition

appeal allowed in part

Orders

  • Leave to appeal granted
  • Sentence restructured: standard determinate sentences totalling 8 years 6 months' imprisonment, consecutive sentences under section 278 totalling 7 years' custody with 2 years' extended licence, resulting in the same overall custodial term but properly structured