Forde, R. v [2022] EWCA Crim 1743 (15 December 2022)

Forde, R. v [2022] EWCA Crim 1743 (15 December 2022)

The original sentence failed to reflect the totality of the offending, particularly the multiplicity and seriousness of the offences, and should have included consecutive sentences for at least some counts. The aggregate sentence is increased to four years' imprisonment, which cannot lawfully be suspended.

Source-derived case information.

Citation
[2022] EWCA Crim 1743
Parties
Prosecution: Rex; Respondent: Luke Forde
Jurisdiction
England and Wales
Judgment Date
15 December 2022
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed in part; sentence increased.
Legal Topics
Sentencing, Sexual Offences, Attorney General's Reference, Totality Principle, Suspended Sentences
Criminal Law Sentencing Sexual Offences Attorney General's Reference Totality Principle Suspended Sentences

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Luke Forde

Respondent

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original sentence was unduly lenient
  2. 2 Proper categorisation under sentencing guidelines for inciting a child to engage in sexual activity
  3. 3 Application of the totality principle in sentencing for multiple offences

Ratio Decidendi

The original sentence failed to reflect the totality of the offending, particularly the multiplicity and seriousness of the offences, and should have included consecutive sentences for at least some counts. The aggregate sentence is increased to four years' imprisonment, which cannot lawfully be suspended.

Court Disposition

Appeal allowed in part; sentence increased.

Orders

  • Leave to refer sentence granted.
  • Sentence on count 2: two years' imprisonment (not suspended).