SENTENCING GUIDELINES

[2019] EWCA Crim 175 [2019] EWCA Crim 175

A sentence of 12 months’ immediate imprisonment for an offender who had pleaded guilty to affray arising from an altercation between football supporters should have been suspended. Had the judge obtained a pre-sentence report and correctly considered the relevant sentencing guidelines, the sentence would have been suspended as the offender had a realistic prospect of rehabilitation, a strong personal mitigation and immediate custody had significant harmful impact on his dependents.

A total extended sentence of seven years and six months’ imprisonment for historic offences of attempted buggery, indecency with a child and indecent assault on a man committed by an individual aged 20-25 against his neighbour aged 10-14, whilst lenient, was not unduly so. Although aspects of the judge’s reasoning had been flawed, the offences had very unpleasant features and there had been an element of grooming, no violence had been used.

[2019] EWCA Crim 31 [2019] EWCA Crim 31

A sentence of three-and-a-half years’ imprisonment imposed on an offender for historic offences of buggery and indecent assault on a fellow resident at a children’s home was unduly lenient. The offender satisfied the dangerousness criteria and a sentence of five years and ten months’ imprisonment with a three-year extension period was appropriate.

[2018] NICA 52 [2018] NICA 52

A judge had erred in concluding that alcohol, which was the culpable cause of an offender’s dangerous driving, and a record of dangerous driving 20 years earlier, together required the offender to be sentenced within a higher culpability category. Judges had to be careful not to double-count against an offender by treating the sole cause of the accident as an aggravating factor of itself. He should have been sentenced within the intermediate category, and the appropriate term was 27 months’ imprisonment.

[2018] EWCA Crim 2944 [2018] EWCA Crim 2944

A community sentence imposed on an offender following his guilty plea to assault with intent to rob was not adequate to reflect, and to provide just and proportionate punishment for, the very serious offence committed against a vulnerable person whilst on licence and was unduly lenient. A sentence of 40 months’ imprisonment was imposed.