Da Silva Neto, R. v [2023] EWCA Crim 1110 (18 July 2023)

Da Silva Neto, R. v [2023] EWCA Crim 1110 (18 July 2023)

The sentencing judge failed to properly apply the totality principle, resulting in a sentence that was not proportionate to the overall offending. The individual sentences were not manifestly excessive, but the lack of adjustment for totality required a reduction in the total sentence to achieve proportionality.

Source-derived case information.

Citation
[2023] EWCA Crim 1110
Parties
Respondent: Rex; Appellant: Luiz Inacio Da Silva Neto
Jurisdiction
England and Wales
Judgment Date
18 July 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part
Legal Topics
Sexual Offences, Sentencing, Totality Principle, Appeal Procedure
Criminal Law Sexual Offences Sentencing Totality Principle Appeal Procedure

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Summary, issues, holding and outcome

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Parties

Rex

Respondent

Luiz Inacio Da Silva Neto

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for sexual offences were manifestly excessive
  2. 2 Whether the totality principle was properly applied in sentencing

Ratio Decidendi

The sentencing judge failed to properly apply the totality principle, resulting in a sentence that was not proportionate to the overall offending. The individual sentences were not manifestly excessive, but the lack of adjustment for totality required a reduction in the total sentence to achieve proportionality.

Court Disposition

Appeal allowed in part

Orders

  • Sentence of 10 years on count 14 quashed and substituted with 9 years
  • Sentence of 12 years on count 19 quashed and substituted with 10 years