Larcombe, R v

Larcombe, R v

The sentencing judge was entitled to depart from the guideline starting points due to aggravating features, but the assaults were on clothed bodies and the upper limit should have been two years' imprisonment.

Parties
Prosecutor: Regina; Appellant: Stephen Larcombe
Jurisdiction
England and Wales
Judgment Date
10 October 2008
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sexual Offences, Sentencing Guidelines, Appeal Against Sentence
Criminal Law Sexual Offences Sentencing Guidelines Appeal Against Sentence

Case Brief

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Parties

Regina

Prosecutor

Stephen Larcombe

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence imposed for sexual assault was manifestly excessive
  2. 2 Whether the sentencing judge properly applied the relevant guidelines

Ratio Decidendi

The sentencing judge was entitled to depart from the guideline starting points due to aggravating features, but the assaults were on clothed bodies and the upper limit should have been two years' imprisonment.

Court Disposition

appeal allowed in part

Orders

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