High, R v

High, R v

The custodial element of the sentence was incorrectly calculated due to an arithmetical error; the correct sentence after applying full credit for guilty plea is five years and four months, not five years and six months.

Parties
Prosecution: Regina; Appellant: Malcolm Nigel High
Jurisdiction
England and Wales
Judgment Date
16 January 2018
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Indecent Photographs of Children, Child Sex Offences, Arithmetical Error in Sentencing
Criminal Law Sentencing Indecent Photographs of Children Child Sex Offences Arithmetical Error in Sentencing

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Parties

Regina

Prosecution

Malcolm Nigel High

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the custodial sentence imposed for section 14 offences was correct after accounting for full credit for guilty plea

Ratio Decidendi

The custodial element of the sentence was incorrectly calculated due to an arithmetical error; the correct sentence after applying full credit for guilty plea is five years and four months, not five years and six months.

Court Disposition

appeal allowed in part

Orders

  • Sentences on Counts 2-1 and 2-2 quashed.
  • Substitute extended sentence of nine years and four months: custodial sentence of five years and four months and four years extended licence.