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
Legal Issues
- 1 Whether the sentencing judge erred in finding abuse of trust and higher culpability
- 2 Whether the sentence imposed was manifestly excessive
- 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
Full Case Text
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