Smith, R v [2004] EWCA Crim 2187 (5th July 2004)

Smith, R v [2004] EWCA Crim 2187 (5th July 2004)

The trial judge's directions on incitement, fantasy, and burden of proof were adequate and did not render the conviction unsafe. However, the sentences imposed were manifestly excessive given that no substantive offences were committed; the appropriate sentences should be reduced to reflect proportionality.

Citation
[2004] EWCA Crim 2187
Parties
Prosecution: Regina; Appellant: Michael Liam Smith; Appellant: Stephen Turner
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence
Outcome
Smith's appeal against conviction dismissed; both appellants' appeals against sentence allowed in part.
Legal Topics
Incitement, Sexual Offences, Sentencing, Burden of Proof, Jury Directions
Criminal Law Incitement Sexual Offences Sentencing Burden of Proof Jury Directions

Case Brief

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Parties

Regina

Prosecution

Michael Liam Smith

Appellant

Stephen Turner

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge misdirected the jury on the meaning of 'incite' and 'incitement'
  2. 2 Whether the trial judge failed to adequately direct the jury on the approach to fantasy in the evidence
  3. 3 Whether the burden of proof was properly explained to the jury

Ratio Decidendi

The trial judge's directions on incitement, fantasy, and burden of proof were adequate and did not render the conviction unsafe. However, the sentences imposed were manifestly excessive given that no substantive offences were committed; the appropriate sentences should be reduced to reflect proportionality.

Court Disposition

Smith's appeal against conviction dismissed; both appellants' appeals against sentence allowed in part.

Orders

  • Smith's conviction stands.
  • Sentences for rape counts reduced to nine years' imprisonment (six years commensurate, three years longer than commensurate) plus five years' extended licence (total fourteen years).