WJ v R

It was wrong in principle to impose no separate penalty for serious sexual offences crossing the custody threshold; sentences for counts 3 and 4 should have complied with s.278; restructuring sentences to reflect overall criminality without increasing total sentence is required.

Source-derived case information.

Parties: Appellant: WJ; Respondent: The King
Jurisdiction: England and Wales
Judgment Date: 11 September 2024
Procedural Posture: Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence
Outcome: Appeal allowed in part; sentences for counts 1 to 4 quashed and substituted; appeal against sentence on count 5 dismissed.
Legal Topics: Sentencing, Sexual Offences, Appeals, Totality Principle

Criminal Law Sentencing Sexual Offences Appeals Totality Principle

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 8

Parties

Appellant

The King

Respondent

Procedural Posture

Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence

Legal Issues

1 Whether the sentence imposed for buggery was manifestly excessive
2 Whether sentences of no separate penalty for counts 1 to 4 were lawful
3 Interpretation and application of s.278 Sentencing Act 2020

Ratio Decidendi

Court Disposition

Appeal allowed in part; sentences for counts 1 to 4 quashed and substituted; appeal against sentence on count 5 dismissed.

Orders

On counts 1 and 2: determinate sentences of 5 years' imprisonment each.
On counts 3 and 4: special custodial sentences of 6 years each (5 years custody, 1 year extended licence).

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