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
Legal Issues
- 1 Whether the sentence imposed was manifestly excessive
- 2 Whether sufficient downward adjustment was made for voluntary desistance and absence of actual harm
- 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.
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