Milner, R. v [2021] EWCA Crim 1543 (08 October 2021)

Milner, R. v [2021] EWCA Crim 1543 (08 October 2021)

The judge erred in treating the accusation of paedophilia as an aggravating factor based on sexual orientation, but the sentence was justified due to the appellant's criminal record, the aggravating features of the offence, and the impact on the victim. The sentence was not manifestly excessive.

Citation
[2021] EWCA Crim 1543
Parties
Respondent: Regina; Appellant: Steven Milner
Jurisdiction
England and Wales
Judgment Date
08 October 2021
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Robbery, Fraud, Sentencing, Aggravating Factors, Sexual Orientation, Appeal Procedure
Criminal Law Robbery Fraud Sentencing Aggravating Factors Sexual Orientation Appeal Procedure

Case Brief

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Parties

Regina

Respondent

Steven Milner

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the trial judge erred in treating an accusation of paedophilia as an aggravating factor based on sexual orientation under the sentencing guidelines
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The judge erred in treating the accusation of paedophilia as an aggravating factor based on sexual orientation, but the sentence was justified due to the appellant's criminal record, the aggravating features of the offence, and the impact on the victim. The sentence was not manifestly excessive.

Court Disposition

Appeal dismissed

Orders

  • Sentence of four years and nine months' imprisonment upheld