Roach, R. v [2024] EWCA Crim 211 (18 January 2024)

Roach, R. v [2024] EWCA Crim 211 (18 January 2024)

The original custodial sentence of 4 years for the sexual offence was manifestly excessive because it failed to make a downward adjustment for the absence of an actual victim as required by Reed. The appropriate notional sentence before plea was 42 months, reduced to 28 months after plea, and increased to 3 years for totality. The sentence for the safeguarding offence was also excessive and reduced to 10 months concurrent. The extended licence period of 4 years was upheld due to the appellant's dangerousness.

Citation
[2024] EWCA Crim 211
Parties
Prosecution: Rex; Appellant: Leon Roach
Jurisdiction
England and Wales
Judgment Date
18 January 2024
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Sexual Offences, Safeguarding Offences, Extended Sentence, Dangerousness, Totality Principle
Criminal Law Sentencing Sexual Offences Safeguarding Offences Extended Sentence Dangerousness Totality Principle

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Parties

Rex

Prosecution

Leon Roach

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the sentence imposed for attempting to cause a child to engage in sexual activity was manifestly excessive
  2. 2 Whether the sentence for engaging in a barred activity was excessive
  3. 3 Whether appropriate adjustments were made for the absence of an actual victim and for the appellant's mental health conditions

Ratio Decidendi

The original custodial sentence of 4 years for the sexual offence was manifestly excessive because it failed to make a downward adjustment for the absence of an actual victim as required by Reed. The appropriate notional sentence before plea was 42 months, reduced to 28 months after plea, and increased to 3 years for totality. The sentence for the safeguarding offence was also excessive and reduced to 10 months concurrent. The extended licence period of 4 years was upheld due to the appellant's dangerousness.

Court Disposition

appeal allowed in part

Orders

  • Custodial sentence for sexual offence reduced to 3 years
  • Sentence for safeguarding offence reduced to 10 months concurrent