H, Regina v (Rev 2): CACD 24 Nov 2011

The Court considered the correct approach to the sentencing of sexual offenders found guilty of assaults only after many years since the commission of the offences.
Held: In historic cases, a defendant fell to be sentenced under the regime applicable at the date of sentence. Nevertheless, as the offence which he had committed years earlier contravened the criminal law in force at the date when it was committed a defendant was liable to be convicted of that offence and no other and therefore the sentence was limited to the maximum sentence then available for the offence of which he had been convicted.

Judges:

Lord Judge LCJ, Royce, Macur JJ

Citations:

[2011] EWCA Crim 2753, [2012] WLR(D) 12, [2012] 2 All ER 340, [2012] Crim LR 149, [2012] 2 Cr App R (S) 21, [2012] 1 WLR 1416

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 22 September 2022; Ref: scu.449742