RH & Anor, R v [2016] EWCA Crim 1754 (29 November 2016)

RH & Anor, R v [2016] EWCA Crim 1754 (29 November 2016)

Sentences for child abduction must reflect the seriousness of the offence by reference to the offender's culpability and the harm caused, with sentencing ranges set according to combinations of high/low harm and culpability, and must also consider the impact on affected children. In RH, the sentence was proportionate given the aggravating features and lack of significant mitigation. In LA, the original sentence was excessive given the facts and was reduced to reflect the appropriate balance of aggravating and mitigating factors.

Citation
[2016] EWCA Crim 1754
Parties
Respondent: R; Appellant: RH; Appellant: LA
Jurisdiction
England and Wales
Judgment Date
29 November 2016
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome
RH: Appeal dismissed; LA: Appeal allowed, sentence reduced
Legal Topics
Child Abduction, Sentencing, Appeal Against Sentence, Child Abduction Act 1984, Criminal Justice Act 2003, Youth Justice and Criminal Evidence Act 1999
Criminal Law Child Abduction Sentencing Appeal Against Sentence Child Abduction Act 1984 Criminal Justice Act 2003 Youth Justice and Criminal Evidence Act 1999

Case Brief

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Parties

R

Respondent

RH

Appellant

LA

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

Legal Issues

  1. 1 What is the appropriate sentencing range for offences under sections 1 and 2 of the Child Abduction Act 1984?
  2. 2 Were the sentences imposed on RH and LA manifestly excessive or disproportionate given the facts of each case?
  3. 3 How should harm, culpability, aggravating and mitigating factors be weighed in child abduction sentencing?

Ratio Decidendi

Sentences for child abduction must reflect the seriousness of the offence by reference to the offender's culpability and the harm caused, with sentencing ranges set according to combinations of high/low harm and culpability, and must also consider the impact on affected children. In RH, the sentence was proportionate given the aggravating features and lack of significant mitigation. In LA, the original sentence was excessive given the facts and was reduced to reflect the appropriate balance of aggravating and mitigating factors.

Court Disposition

RH: Appeal dismissed; LA: Appeal allowed, sentence reduced

Orders

  • Order under s.45 Youth Justice and Criminal Evidence Act 1999 prohibiting publication of identifying matter for victim A
  • Order under s.45A Youth Justice and Criminal Evidence Act 1999 prohibiting publication of identifying matter for victim B during his lifetime