Cooper, R. v [2011] EWCA Crim 1872 (26 July 2011)

Cooper, R. v [2011] EWCA Crim 1872 (26 July 2011)

The sentence imposed was manifestly excessive as the judge failed to apply the relevant sentencing guidelines; the appropriate total sentence after guilty plea should be 12 years. Courts must continue to make disqualification orders under s.28 of the 2000 Act in addition to notifying the convicted person of barring under the 2006 Act, until the transitional regime is discontinued, to avoid gaps in child protection.

Citation
[2011] EWCA Crim 1872
Parties
Respondent: Regina; Appellant: Robert James Cooper; Intervener: The Home Office
Jurisdiction
England and Wales
Judgment Date
26 July 2011
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence at Crown Court
Outcome
Appeal allowed in part
Legal Topics
Rape of a Child, Sentencing Guidelines, Disqualification From Working With Children, Safeguarding Vulnerable Groups Act 2006, Criminal Justice and Court Services Act 2000, Transitional Provisions in Criminal Legislation
Criminal Law Sentencing Child Protection Rape of a Child Sentencing Guidelines Disqualification From Working With Children Safeguarding Vulnerable Groups Act 2006 Criminal Justice and Court Services Act 2000 +1 more

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Parties

Regina

Respondent

Robert James Cooper

Appellant

The Home Office

Intervener

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence at Crown Court

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the court must continue to make orders under s.28 of the Criminal Justice and Court Services Act 2000 after the implementation of the Safeguarding Vulnerable Groups Act 2006

Ratio Decidendi

The sentence imposed was manifestly excessive as the judge failed to apply the relevant sentencing guidelines; the appropriate total sentence after guilty plea should be 12 years. Courts must continue to make disqualification orders under s.28 of the 2000 Act in addition to notifying the convicted person of barring under the 2006 Act, until the transitional regime is discontinued, to avoid gaps in child protection.

Court Disposition

Appeal allowed in part

Orders

  • Sentence reduced to a total of 12 years imprisonment (counts 6 and 7 consecutive, count 8 concurrent)
  • Disqualification order under s.28 of the 2000 Act to remain in force