Bergstrom, R. v [2025] EWCA Crim 1301 (09 September 2025)
The sentence imposed was manifestly excessive because insufficient weight was given to the appellant's voluntary desistance and absence of actual harm; a notional sentence of 7½ years would have been appropriate, resulting in a reduced custodial term for count 2.
Source-derived case information.
- Citation
- [2025] EWCA Crim 1301
- Parties
- Prosecution: Rex; Appellant: Lee Bergstrom
- Jurisdiction
- England and Wales
- Judgment Date
- 09 September 2025
- Procedural Posture
- Criminal Appeal / Sentence Appeal
- Outcome
- appeal allowed in part
- Legal Topics
- Sentencing, Sexual Offences, Extended Sentence, Breach of Sexual Harm Prevention Order, Attempted Incitement, Sexual Communication With a Child
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Lee Bergstrom
Appellant
Procedural Posture
Criminal Appeal / Sentence Appeal
Legal Issues
- 1 Whether the sentence imposed was manifestly excessive given the facts and mitigating factors
- 2 Whether sufficient downward adjustment was made for voluntary desistance and absence of actual harm
- 3 Proper application of the sentencing guidelines for attempted incitement and breach of order
Ratio Decidendi
The sentence imposed was manifestly excessive because insufficient weight was given to the appellant's voluntary desistance and absence of actual harm; a notional sentence of 7½ years would have been appropriate, resulting in a reduced custodial term for count 2.
Court Disposition
appeal allowed in part
Orders
- Sentence on count 2 quashed and replaced with an extended sentence of 11 years: 5 years' custody and 6 years' extended licence.
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