Source: All England Reporter
Publisher Citation: [2008] All ER (D) 83 (Apr)
Court: Court of Appeal, Criminal Division
Judge:

Latham LJ, Penry-Davey and Foskett JJ
Representation David Bruce (instructed by Tranters Solicitors) for the offender.
  Richard Whittam (instructed by the Treasury Solicitor) for the Attorney General.
Judgment Dates: 7 April 2008

Catchwords

Sentence - Imprisonment - Length of sentence - Buggery - Indecent assault - Indecency with a child - Two years' imprisonment suspended for two years - Whether sentence unduly lenient.

The Case

A sentence of two years' imprisonment, to be suspended for two years, was held to be unduly lenient in the case of an offender who had pleaded guilty to nine counts of sexual offences, which had been committed against two complainants, namely, his niece and his nephew. Although the offences had been committed a long time ago when the offender was young, a sentence of three years' imprisonment was the minimum sentence that could have been imposed to reflect the serious nature of the offending. The sentence of two years' imprisonment would be quashed and, taking account of double jeopardy, it would be substituted by a sentence of two years' imprisonment.

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