MS, R. v

MS, R. v

The sentence of 30 months' imprisonment was excessive as there was no justification for exceeding the guideline starting point of two years, and the mitigating factor of a prompt guilty plea warranted a reduction by one third, resulting in a substituted sentence of 16 months' imprisonment.

Parties
Prosecution: Regina; Appellant: M. S.
Jurisdiction
England and Wales
Judgment Date
28 February 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part; sentence reduced
Legal Topics
Sexual Offences, Sentencing, Attempted Offences, Child Protection
Criminal Law Sexual Offences Sentencing Attempted Offences Child Protection

Case Brief

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Parties

Regina

Prosecution

M. S.

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 30 months' imprisonment for attempted meeting of a child following sexual grooming was excessive given the guidelines and mitigating factors.

Ratio Decidendi

The sentence of 30 months' imprisonment was excessive as there was no justification for exceeding the guideline starting point of two years, and the mitigating factor of a prompt guilty plea warranted a reduction by one third, resulting in a substituted sentence of 16 months' imprisonment.

Court Disposition

appeal allowed in part; sentence reduced

Orders

  • Sentence of 30 months' imprisonment quashed
  • Substituted sentence of 16 months' imprisonment