R v Roy Mackenzie

R v Roy Mackenzie

The sentencing judge erred in finding abuse of trust, resulting in an excessive sentence; proper categorisation was category 2B, warranting a starting point of 12 months' imprisonment, and aggravating and mitigating factors did not justify suspension of sentence.

Parties
Prosecutor: Rex; Appellant: Roy Mackenzie
Jurisdiction
England and Wales
Judgment Date
26 November 2025
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed; sentence reduced
Legal Topics
Sexual Offences, Sentencing, Abuse of Trust, Mitigation, Suspension of Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Prosecutor

Roy Mackenzie

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

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

Ratio Decidendi

The sentencing judge erred in finding abuse of trust, resulting in an excessive sentence; proper categorisation was category 2B, warranting a starting point of 12 months' imprisonment, and aggravating and mitigating factors did not justify suspension of sentence.

Court Disposition

appeal allowed; sentence reduced

Orders

  • Sentences on both counts quashed
  • Sentences of 12 months' imprisonment imposed for each offence