Clements, R v

Clements, R v

The sentencing judge was entitled to set a notional starting point of 12 years due to the presence of two offences and the exploitation of a vulnerable adult. The credit given for the guilty plea and mitigating factors was sufficient. The sentence imposed was stern but not excessive.

Source-derived case information.

Parties
Prosecutor: Regina; Appellant: Norman Edward Clements
Jurisdiction
England and Wales
Judgment Date
04 March 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sexual Offences, Sentencing, Vulnerable Victims, Appeal Against Sentence
Criminal Law Sexual Offences Sentencing Vulnerable Victims Appeal Against Sentence

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Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Norman Edward Clements

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge's notional starting point was too high
  2. 2 Whether sufficient credit was given for the appellant's guilty plea and other mitigating factors

Ratio Decidendi

The sentencing judge was entitled to set a notional starting point of 12 years due to the presence of two offences and the exploitation of a vulnerable adult. The credit given for the guilty plea and mitigating factors was sufficient. The sentence imposed was stern but not excessive.

Court Disposition

appeal dismissed

Orders

  • sentence of 8 years' imprisonment upheld
  • consequential orders remain in force