SSH, R. v [2023] EWCA Crim 1708 (08 December 2023)

SSH, R. v [2023] EWCA Crim 1708 (08 December 2023)

Counts 4 and 7 were wrongly categorised as category 2; they should be at the top end of category 3. Counts 5 and 6 were correctly category 2A but at the lower end. The total sentence of eight years was manifestly excessive; a total of six years' imprisonment is just and proportionate. The Victim Surcharge Order was unlawful as some offending predated the relevant provisions and no fine was imposed.

Citation
[2023] EWCA Crim 1708
Parties
Prosecution: Rex; Appellant: SSH
Jurisdiction
England and Wales
Judgment Date
08 December 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sexual Offences, Sentencing, Appeal, Abuse of Trust, Totality Principle
Criminal Law Sexual Offences Sentencing Appeal Abuse of Trust Totality Principle

Case Brief

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Parties

Rex

Prosecution

SSH

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was wrong in principle and/or manifestly excessive
  2. 2 Whether the categorisation of offences under the Sentencing Council guidelines was correct
  3. 3 Whether the totality principle was properly applied

Ratio Decidendi

Counts 4 and 7 were wrongly categorised as category 2; they should be at the top end of category 3. Counts 5 and 6 were correctly category 2A but at the lower end. The total sentence of eight years was manifestly excessive; a total of six years' imprisonment is just and proportionate. The Victim Surcharge Order was unlawful as some offending predated the relevant provisions and no fine was imposed.

Court Disposition

appeal allowed in part

Orders

  • Sentence of eight years' imprisonment quashed and replaced with six years' imprisonment.
  • Victim Surcharge Order of £120 quashed.