CRIMINAL DIVISION
ON APPEAL FROM THE CROWN COURT AT
NEWCASTLE UPON TYNE
HER HONOUR JUDGE CLEMITSON
CP: 10U30160023 & 10U30162823
Strand London WC2A 2LL |
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B e f o r e :
MRS JUSTICE JEFFORD
SIR NIGEL DAVIS
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REGINA |
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BXP ADK |
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(1992 Sexual Offences Act applies) |
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Lower Ground, 46 Chancery Lane, London WC2A 1JE
Tel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk (Official Shorthand Writers to the Court)
MS LORRAINE MUSTARD appeared on behalf of the Appellant ADK
MR VINCENT WARD appeared on behalf of the Crown
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Crown Copyright ©
MRS JUSTICE JEFFORD:
The Facts
Sentencing
Material available to the sentencing judge
BXP's Sentence
In relation to the counts of sexual assault against complainant no 1 (that is counts 13, 14 and 15) the judge appears similarly to have placed the offences in category 2A. The starting point was therefore a sentence of 4 years' imprisonment and the range was 3 to 7 years.
On count 13 she passed a sentence of 4-and-a-half years' imprisonment; on the further counts 14 and 15, a sentence of 4 years' imprisonment; for count 2, her sentence was 4 months' imprisonment; for counts 3, 4, 6, 7 and 8, 6 months' imprisonment; for count 5, 20 months' imprisonment; for count 9 (category A images) 5 years and 4 months; for count 10 (the category B images) 2 years; for count 10 (the category C images), 16 months; for count 16 (the further category C image), 16 months; and lastly, for count 12, 6 months' imprisonment.
BXP's Appeal
ADK's sentence
ADK's Appeal
Again we disagree. Bearing in mind the extent of culpability, as the sentencing judge did, we do not consider this notional sentence to have been manifestly excessive, but it was nonetheless a high sentence within the relevant range.