R v Steven Palmer
The sentence was not manifestly excessive. The judge was entitled to find significant planning based on the appellant's conduct during the offence, even excluding disputed evidence of prior presence in the park. The aggravating factors and harm justified a custodial term at the top of the range and an extended licence period.
- Parties
- Appellant: Steven Palmer; Respondent: Rex
- Jurisdiction
- England and Wales
- Judgment Date
- 04 October 2024
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Sexual Assault, Sentencing, Dangerous Offenders, Extended Determinate Sentence, Appeal Against Sentence
Case Brief
Summary, issues, holding and outcome
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Parties
Steven Palmer
Appellant
Rex
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed was manifestly excessive
- 2 Whether the offence was correctly categorised as Category 1A under Sentencing Council Guidelines
- 3 Whether significant planning was properly found as a factor in culpability
Ratio Decidendi
The sentence was not manifestly excessive. The judge was entitled to find significant planning based on the appellant's conduct during the offence, even excluding disputed evidence of prior presence in the park. The aggravating factors and harm justified a custodial term at the top of the range and an extended licence period.
Court Disposition
appeal dismissed
Orders
- Extension of time to appeal granted
- Leave to appeal granted
Full Case Text
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