Sentencing for historic Sexual Abuse
Sentencing for historic sexual offences.
Lord Thomas of Cwmgiedd CJ set out the correct approach on sentencing for historic sexual abuse: ‘The basic principles
As is clear from paragraphs 1 and 2 of annex B, reiterating what was said in R v H:
i) The offender must be sentenced in accordance with the regime applicable at the date of sentence. The court must therefore have regard to the statutory purposes of sentencing and to current sentencing practice . .
ii) The sentence that can be passed on the offender is limited to the maximum sentence available at the time of the commission of the offence, unless the maximum has been reduced, when the lower maximum will be applicable.
Although these principles are clear and, as we shall explain, clear guidance was given in annex B, various issues have arisen in relation to their application.
Regard to the guidelines for the equivalent offence
Paragraph 3 of the annex B provides: ‘The court should have regard to any applicable sentencing guidelines for equivalent offences under the Sexual Offences Act 2003.’ This reflected of H where Lord Judge CJ said: ‘(a) Sentence will be imposed at the date of the sentencing hearing, on the basis of the legislative provisions then current, and by measured reference to any definitive sentencing guidelines relevant to the situation revealed by the established facts.
(b) Although sentence must be limited to the maximum sentence at the date when the offence was committed, it is wholly unrealistic to attempt an assessment of sentence by seeking to identify in 2011 what the sentence for the individual offence was likely to have been if the offence had come to light at or shortly after the date when it was committed’ . . The phrase ‘have regard to’ (which was intended to have the same meaning as ‘by measured reference to’) was intended to make it clear that the judge should not simply apply the relevant guideline applicable at the date of sentence, subject to any lower statutory maximum sentence applicable at the date the offence was committed, but use the guideline in a measured and reflective manner to arrive at the appropriate sentence.’
Lord Thomas of Cwmgiedd CJ
[2016] EWCA Crim 1388, [2017] 1 WLR 53, [2016] Crim LR 946, [2016] 2 Cr App R (S) 44, [2016] WLR(D) 488
Bailii, WLRD
England and Wales
Cited by:
Applied – Lamb, Regina v CACD 15-Jul-2020
Sentencing for Historical Sexual Abuse
This case concerns the application of the principle of measured reference as it affects the imposition of sentences for historic sexual offences against children by reference to contemporary sentencing practice.
Held: ‘The term ‘measured . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Leading Case
Updated: 10 November 2021; Ref: scu.569144
