Larcombe, R v [2008] EWCA Crim 2310 (10 October 2008)

Larcombe, R v [2008] EWCA Crim 2310 (10 October 2008)

The sentence imposed exceeded the appropriate range because the assaults were over clothing and not on the naked body; the correct upper limit was two years' imprisonment, not two and a half years, even considering aggravating factors.

Source-derived case information.

Citation
[2008] EWCA Crim 2310
Parties
Prosecution: Regina; Appellant: Stephen Larcombe
Jurisdiction
England and Wales
Judgment Date
10 October 2008
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Sexual Assault, Sentencing Guidelines, Appeal Against Sentence
Criminal Law Sexual Assault Sentencing Guidelines Appeal Against Sentence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Stephen Larcombe

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed for sexual assault was manifestly excessive
  2. 2 Proper application of sentencing guidelines for sexual assault under the Sexual Offences Act 2003

Ratio Decidendi

The sentence imposed exceeded the appropriate range because the assaults were over clothing and not on the naked body; the correct upper limit was two years' imprisonment, not two and a half years, even considering aggravating factors.

Court Disposition

appeal allowed in part

Orders

  • Sentence reduced to two years' imprisonment concurrent on each count.