R v Lee Bergstrom

R v Lee Bergstrom

The sentence imposed was manifestly excessive as insufficient weight was given to the appellant's voluntary desistance and absence of actual harm; a notional sentence of 7½ years was appropriate, resulting in a reduced custodial term for count 2.

Parties
Prosecutor: Rex; Appellant: Lee Bergstrom
Jurisdiction
England and Wales
Judgment Date
14 October 2025
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Sexual Offences, Sentencing, Breach of Court Orders, Extended Sentences

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Prosecutor

Lee Bergstrom

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether sufficient downward adjustment was made for voluntary desistance and absence of actual harm
  3. 3 Appropriate application of the totality principle

Ratio Decidendi

The sentence imposed was manifestly excessive as insufficient weight was given to the appellant's voluntary desistance and absence of actual harm; a notional sentence of 7½ years was 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, consisting of a custodial term of 5 years and an extended licence period of 6 years.