R v Leon Roach
The original custodial sentence of 4 years for the sexual offence was manifestly excessive as it failed to account for the absence of an actual victim and proper downward adjustment; the appropriate sentence is 3 years. The safeguarding offence sentence was also excessive and reduced to 10 months concurrent. The extended licence period remains unchanged due to the appellant's dangerousness.
- Parties
- Prosecution: Rex; Appellant: Leon Roach
- Jurisdiction
- England and Wales
- Judgment Date
- 17 November 2024
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal allowed in part
- Legal Topics
- Sexual Offences, Sentencing, Safeguarding Vulnerable Groups, Extended Sentences, Dangerous Offenders
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Leon Roach
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed for attempting to cause a child to engage in sexual activity was manifestly excessive
- 2 Whether the sentence for engaging in a barred activity under the Safeguarding Vulnerable Groups Act 2006 was excessive
- 3 Whether proper downward adjustment was made for absence of an actual victim
Ratio Decidendi
The original custodial sentence of 4 years for the sexual offence was manifestly excessive as it failed to account for the absence of an actual victim and proper downward adjustment; the appropriate sentence is 3 years. The safeguarding offence sentence was also excessive and reduced to 10 months concurrent. The extended licence period remains unchanged due to the appellant's dangerousness.
Court Disposition
appeal allowed in part
Orders
- Custodial sentence for sexual offence reduced to 3 years
- Safeguarding offence sentence reduced to 10 months concurrent
Full Case Text
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