Mackenzie, R. v [2025] EWCA Crim 1526 (11 September 2025)

Mackenzie, R. v [2025] EWCA Crim 1526 (11 September 2025)

The judge erred in finding abuse of trust, which led to a manifestly excessive sentence; the proper categorisation was category 2B with a starting point of 12 months' imprisonment, and the seriousness of the offences required immediate custody.

Citation
[2025] EWCA Crim 1526
Parties
Prosecution: Rex; Appellant: Roy Mackenzie
Jurisdiction
England and Wales
Judgment Date
11 September 2025
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part; sentence reduced
Legal Topics
Sexual Assault, Sentencing, Abuse of Trust, Appeal Procedure
Criminal Law Sexual Assault Sentencing Abuse of Trust Appeal Procedure

Case Brief

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Parties

Rex

Prosecution

Roy Mackenzie

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in finding abuse of trust and thus higher culpability
  2. 2 Whether the sentence imposed was manifestly excessive
  3. 3 Whether the sentence should have been suspended

Ratio Decidendi

The judge erred in finding abuse of trust, which led to a manifestly excessive sentence; the proper categorisation was category 2B with a starting point of 12 months' imprisonment, and the seriousness of the offences required immediate custody.

Court Disposition

appeal allowed in part; sentence reduced

Orders

  • Sentences on both counts quashed
  • Sentences of 12 months' imprisonment imposed for each offence, to run concurrently