Clinch, R v

Clinch, R v

The starting point of 9 years before credit for a guilty plea was too high; after considering all mitigation and the guidelines, the appropriate total sentence should be 4 years' imprisonment.

Parties
Prosecutor: Regina; Appellant: Simon Clinch
Jurisdiction
England and Wales
Judgment Date
09 June 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence reduced
Legal Topics
Sexual Offences, Sentencing, Appeal Against Sentence, Mitigation
Criminal Law Sexual Offences Sentencing Appeal Against Sentence Mitigation

Case Brief

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Parties

Regina

Prosecutor

Simon Clinch

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 6 years' imprisonment for sexual activity with a child and possession of indecent photographs was manifestly excessive
  2. 2 Appropriate application of sentencing guidelines and mitigation

Ratio Decidendi

The starting point of 9 years before credit for a guilty plea was too high; after considering all mitigation and the guidelines, the appropriate total sentence should be 4 years' imprisonment.

Court Disposition

appeal allowed; sentence reduced

Orders

  • Total sentence reduced from 6 years to 4 years' imprisonment
  • Sentences for anal penetration counts reduced from 6 years to 4 years; other sentences unchanged