Source: All England Reporter
Publisher Citation: [2004] All ER (D) 245 (Feb)
Court: Court of Appeal, Criminal Division

Mantell LJ, Butterfield J and the Recorder of Newcastle

Representation Frank Phillips (instructed by Graham Evans & Partners, Swansea) for the offender.
  Crispin Aylett (instructed by the Treasury Solicitor) for the Attorney General.
Judgment Dates: 16 February 2004


Sentencing - Custodial sentence - Duration - Reference by Attorney General - Indecent assault - Appropriate sentence.

The Case

A total sentence of two years' imprisonment was unduly lenient in respect of a 64-year-old offender who had been convicted of 17 historic counts of indecent assault in relation to three young male complainants, the youngest of whom was agedseven at the commencement of the abuse. The appropriate sentence was five years' imprisonment concurrent on each count. That period would be reduced to three-and-a-half years to reflect the principle of double jeopardy. Additionally, an extended sentence would be imposed for a period co-extensive to the period of imprisonment and the offender would be disqualified from working with children.

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