CH, R. [2024] EWCA Crim 1401 (01 November 2024)

The original sentence of 9 years 6 months was unduly lenient as it failed to reflect the totality and gravity of the offending, particularly the corruption and persistent abuse of a child from age 9, and the multiple attempted rapes. The appropriate sentence for the lead offence (rape) after discount for plea should be 15 years' imprisonment, with other sentences to run concurrently.

Citation: [2024] EWCA Crim 1401
Parties: Prosecution: Rex; Offender: CH
Jurisdiction: England and Wales
Judgment Date: 01 November 2024
Procedural Posture: Criminal Appeal (attorney General's Reference) / Appeal Against Sentence
Outcome: appeal allowed; sentence increased
Legal Topics: Sentencing, Sexual Offences, Unduly Lenient Sentence, Attorney General's Reference, Totality Principle, Guilty Plea Discount

Criminal Law Sentencing Sexual Offences Unduly Lenient Sentence Attorney General's Reference Totality Principle Guilty Plea Discount

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2

Parties

Rex

Prosecution

Offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Appeal Against Sentence

Legal Issues

1 Whether the original sentence was unduly lenient
2 Whether the sentencing judge erred in applying the totality principle
3 Whether the discount for guilty plea was appropriate

Ratio Decidendi

Court Disposition

appeal allowed; sentence increased

Orders

Quash sentence of 9 years 6 months on count 17 and substitute 15 years' imprisonment; other sentences to remain concurrent.
Quash unlawful ancillary order relating to victim surcharge.