England and Wales Court of Appeal (Criminal Division) Decisions

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URL: http://www.bailii.org/ew/cases/EWCA/Crim/2023/1678.html
Cite as: [2023] EWCA Crim 1678

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WARNING: reporting restrictions apply to the contents transcribed in this document, as stated in paragraph 4 of the judgment, because the case concerned sexual offences against children. Reporting restrictions prohibit the publication of the applicable information to the public or any section of the public, in writing, in a broadcast or by means of the internet, including social media. Anyone who receives a copy of this transcript is responsible in law for making sure that applicable restrictions are not breached. A person who breaches a reporting restriction is liable to a fine and/or imprisonment. For guidance on whether reporting restrictions apply, and to what information, ask at the court office or take legal advice.

		Neutral Citation Number: [2023] EWCA Crim 1678
		Case No: 2017/03760/A3

IN THE COURT OF APPEAL
CRIMINAL DIVISION
ATTORNEY GENERAL'S REFERENCE UNDER SECTION 36 OF THE CRIMINAL JUSTICE ACT 1988

Royal Courts of Justice
The Strand
London
WC2A 2LL

14th December 2023

B e f o r e :

LORD JUSTICE DAVIS
SIR DAVID CALVERT-SMITH
THE RECORDER OF MIDDLESBROUGH
(His Honour Judge Bourne-Arton KC)
(Sitting as a Judge of the Court of Appeal Criminal Division)
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	R E X
	- v –
	W K

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Computer Aided Transcription of Epiq Europe Ltd,
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HTML VERSION OF APPROVED JUDGMENT
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LORD JUSTICE DAVIS:

On 13^th October 2017, this court handed down a judgment allowing an appeal on a Reference by the Attorney General: see [2017] EWCA Crim 1684. The judgment of the court was specific that the sentence imposed in the Crown Court below – a total custodial term of 12 years' imprisonment, with an extended licence period of one year on counts 3 and 4, under section 236A of the Criminal Justice Act 2003 – should be increased to a total custodial term of 16 years' imprisonment, with the like extended licence period. The order as drawn up on that date was likewise specific as to that being the total sentence.

However, it has recently been identified that there has been a lack of clarity in paragraph 31 of the judgment as to how, by reference to the combination of concurrent and consecutive individual sentences on certain of the individual counts, that total sentence was to be made up. That lack of clarity is in consequence replicated in paragraph (3) of the order. That, in turn, has given rise to a further potential ambiguity as to the release date of the offender.

Clearly matters should be rectified so as to give effect to the undoubted overall intention of this court. The parties have been notified and have raised no objection to the proposed adjustments.

In consequence, paragraph 31 of the judgment of the court is to be adjusted and paragraphs (3) and (4) of the order are to be rectified so that it is specified in paragraph (3) that the sentence on count 22 is to be expressed as one of 18 months' imprisonment, consecutive; and the sentences on counts 26 and 32, whilst remaining concurrent inter se, are to be six and a half years' imprisonment, consecutive. In paragraph (4), the sentence of four years' imprisonment on count 23 is to be expressed to run concurrently. The remainder of the sentence is affirmed.

These adjustments are designed to reflect the intention of the court and to achieve the specified result of a 16 year custodial term, with a one year extended licence period.

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