Source: All England Reporter
Publisher Citation: [2006] All ER (D) 128 (Apr)
Court: Court of Appeal, Criminal Division

Rose LJ, Leveson and Fulford JJ

Representation Peter Henry (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 10 April 2006


Sentence - Custodial sentence - Seriousness of offence - Sexual assault - Whether sentence custodial sentence appropriate.

The Case

In all the circumstances of the instant case, where the defendant, aged45 at the material time, had pleaded guilty to sexual assault of a 13 to 14year-old girl having fully kissed her on a number of occasions and having entered into an inappropriate relationship with her, the judge had wrongly imposed a custodial sentence. The 12-month sentence would be quashed and a community rehabilitation order substituted.

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