Stacey, R. v [2025] EWCA Crim 141 (28 January 2025)

Stacey, R. v [2025] EWCA Crim 141 (28 January 2025)

The sentencing judge was entitled to categorise the offence as on the cusp of Category A/B due to evidence of planning and grooming, and properly considered the appellant's psychological difficulties as mitigation, reducing the sentence accordingly. There was no error in approach or conclusion, and the sentence was not manifestly excessive.

Citation
[2025] EWCA Crim 141
Parties
Prosecution: Rex; Appellant: Lewis Stacey
Jurisdiction
England and Wales
Judgment Date
28 January 2025
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Rape, Sentencing, Sexual Offences, Mitigation, Culpability, Mental Health in Sentencing
Criminal Law Rape Sentencing Sexual Offences Mitigation Culpability Mental Health in Sentencing

Case Brief

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Parties

Rex

Prosecution

Lewis Stacey

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the offence as on the cusp of Category A/B rather than Category B
  2. 2 Whether insufficient weight was given to the appellant's psychological difficulties in mitigation

Ratio Decidendi

The sentencing judge was entitled to categorise the offence as on the cusp of Category A/B due to evidence of planning and grooming, and properly considered the appellant's psychological difficulties as mitigation, reducing the sentence accordingly. There was no error in approach or conclusion, and the sentence was not manifestly excessive.

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed.