R v Leslie Thornton

R v Leslie Thornton

The sentencing judge erred in placing the offending in category A1; the correct categorisation was A2. The notional sentence after trial should have been 3 years, discounted by 10% for the late plea to 32 months. The original sentence of 43 months was excessive and is reduced to 32 months.

Parties
Prosecutor: Rex; Appellant: Leslie Thornton
Jurisdiction
England and Wales
Judgment Date
12 May 2024
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Sexual Offences, Breach of Sexual Harm Prevention Order, Notification Requirements, Sentencing, Appeal Against Sentence
Criminal Law Sexual Offences Breach of Sexual Harm Prevention Order Notification Requirements Sentencing Appeal Against Sentence

Case Brief

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Parties

Rex

Prosecutor

Leslie Thornton

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the breach as A1 rather than A2 under the Sentencing Council Breach Guideline
  2. 2 Whether the sentence imposed was manifestly excessive
  3. 3 Whether the judge gave proper weight to the appellant’s risk to children and compliance history

Ratio Decidendi

The sentencing judge erred in placing the offending in category A1; the correct categorisation was A2. The notional sentence after trial should have been 3 years, discounted by 10% for the late plea to 32 months. The original sentence of 43 months was excessive and is reduced to 32 months.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 43 months on count 5 quashed and replaced with 32 months.
  • All other sentences and orders remain unchanged.