Audoire, R v

Audoire, R v

The sentence of 24 months' imprisonment was not manifestly excessive or wrong in principle given the applicant's history, the high risk of re-offending, and the circumstances of the offences. Departure from the guidelines was justified, and the judge's approach correctly balanced public protection and the seriousness of the conduct.

Parties
Prosecutor: Regina; Applicant: Richard John Audoire
Jurisdiction
England and Wales
Judgment Date
04 April 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
application refused
Legal Topics
Sentencing, Sexual Offences, Appeals
Criminal Law Sentencing Sexual Offences Appeals

Case Brief

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Parties

Regina

Prosecutor

Richard John Audoire

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 24 months' imprisonment for multiple offences of exposure was manifestly excessive or wrong in principle
  2. 2 Whether the sentencing judge failed to apply the Sentencing Guidelines Council's Definitive Guidelines for the Sexual Offences Act 2003

Ratio Decidendi

The sentence of 24 months' imprisonment was not manifestly excessive or wrong in principle given the applicant's history, the high risk of re-offending, and the circumstances of the offences. Departure from the guidelines was justified, and the judge's approach correctly balanced public protection and the seriousness of the conduct.

Court Disposition

application refused