Price, R v

Price, R v

The sentence of 16 months was too high given the absence of direct sexual contact and the fact that the appellant did not request the photographs; a sentence of nine months' imprisonment after discount for plea was appropriate.

Parties
Prosecutor: Regina; Appellant: Stuart David Price
Jurisdiction
England and Wales
Judgment Date
31 July 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence reduced
Legal Topics
Sexual Offences, Sentencing, Incitement, Abuse of Trust
Criminal Law Sexual Offences Sentencing Incitement Abuse of Trust

Case Brief

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Parties

Regina

Prosecutor

Stuart David Price

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 16 months' imprisonment for causing or inciting a child to engage in sexual activity was manifestly excessive given the facts and guidelines.

Ratio Decidendi

The sentence of 16 months was too high given the absence of direct sexual contact and the fact that the appellant did not request the photographs; a sentence of nine months' imprisonment after discount for plea was appropriate.

Court Disposition

appeal allowed; sentence reduced

Orders

  • Sentence of 16 months' imprisonment quashed
  • Substituted sentence of nine months' imprisonment imposed