After being convicted of two offences of sexual assault on a male contrary to section 3 of the Sexual Offences Act 2003, he was sentenced to two and a half years imprisonment.
Held: It was perfectly open to the judge, while acting within the guidelines, to conclude that the appropriate starting point was significantly beyond the 12 months custody listed for the second of the two offences. We agree with the finding of the judge that the nature and repetition of offending completely changed the complexion of seriousness confined to one or other offence in isolation. Accordingly, it required a substantial sentence of imprisonment. There was no mitigation available. The appellant stood his trial and persisted in his denial. The upper limit of the sentence in this case was two years’ imprisonment.
[2008] EWCA Crim 2310
Bailii
England and Wales
Updated: 08 July 2021; Ref: scu.343045