R v Simon Leddington

R v Simon Leddington

The extended sentence of eight years was manifestly excessive because the basis of plea limited the intended activity to kissing and cuddling, and there was insufficient justification to find a significant risk of serious harm to the public. The correct sentence for the section 14 offence was six months' imprisonment, and the sentences for breach of the Sexual Offences Prevention Order should be 16 months each, reflecting the proper categorisation and credit for guilty plea. The sentences for the two sets of offences should run consecutively to reflect separate criminality.

Parties
Prosecutor: Regina; Appellant: Simon Leddington
Jurisdiction
England and Wales
Judgment Date
13 July 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sexual Offences, Sentencing, Breach of Sexual Offences Prevention Order, Dangerousness, Totality
Criminal Law Sexual Offences Sentencing Breach of Sexual Offences Prevention Order Dangerousness Totality

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Parties

Regina

Prosecutor

Simon Leddington

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the extended sentence imposed was manifestly excessive
  2. 2 Proper categorisation and sentence for breach of Sexual Offences Prevention Order
  3. 3 Appropriate sentence for arranging or facilitating a child sex offence under section 14 Sexual Offences Act 2003

Ratio Decidendi

The extended sentence of eight years was manifestly excessive because the basis of plea limited the intended activity to kissing and cuddling, and there was insufficient justification to find a significant risk of serious harm to the public. The correct sentence for the section 14 offence was six months' imprisonment, and the sentences for breach of the Sexual Offences Prevention Order should be 16 months each, reflecting the proper categorisation and credit for guilty plea. The sentences for the two sets of offences should run consecutively to reflect separate criminality.

Court Disposition

appeal allowed

Orders

  • Extended sentence of eight years on section 14 offence quashed and substituted with six months' imprisonment
  • Sentences of 24 months for each breach of SOPO quashed and substituted with 16 months each