Forbes & Ors, R v

Forbes & Ors, R v

Historic sexual offences must be sentenced according to current sentencing practice, with measured reference to current guidelines, but capped by the statutory maximum at the time of offence. Abuse of trust must be factually justified. Immaturity at time of offence affects culpability. Article 7 ECHR prohibits...

Source-derived case information.

Parties
Respondent: Regina; Appellant: Stephen John Forbes; Appellant: Barry James Warren; Applicant: John Eric Clark; Applicant: Anthony John McCallen; Appellant: BD; Appellant: Mark David Anthony Rouse; Applicant: Dean Tarrant; Applicant: Alan Charles Foulkes; Applicant: David Farlow
Jurisdiction
England and Wales
Judgment Date
12 September 2016
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Mixed: Some appeals allowed, others dismissed.
Legal Topics
Sentencing, Historic Sexual Offences, Abuse of Trust, Mitigation, Totality Principle, Article 7 ECHR, Indictment Defects
Criminal Law Sentencing Historic Sexual Offences Abuse of Trust Mitigation Totality Principle Article 7 ECHR Indictment Defects

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 19 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Regina

Respondent

Stephen John Forbes

Appellant

Barry James Warren

Appellant

John Eric Clark

Applicant

Anthony John McCallen

Applicant

BD

Appellant

Mark David Anthony Rouse

Appellant

Dean Tarrant

Applicant

Alan Charles Foulkes

Applicant

David Farlow

Applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Proper approach to sentencing for historic sexual offences
  2. 2 Application of current sentencing guidelines to offences committed under previous statutes
  3. 3 Role of abuse of trust as aggravating factor

Ratio Decidendi

Historic sexual offences must be sentenced according to current sentencing practice, with measured reference to current guidelines, but capped by the statutory maximum at the time of offence. Abuse of trust must be factually justified. Immaturity at time of offence affects culpability. Article 7 ECHR prohibits custodial sentences where none was available at the time. Procedural defects in indictments do not invalidate convictions if the accused was not misled and the defect is formal.

Court Disposition

Mixed: Some appeals allowed, others dismissed.

Orders

  • Forbes: Appeal dismissed, sentence upheld.
  • Warren: Appeal allowed, sentence reduced to seven years.