202501950 A5 - [2025] EWCA Crim 1047

Fecha: 31-Jul-2025

Introduction

Introduction

His Majesty’s Solicitor General applies for leave to refer a sentence which she regards as unduly lenient. The sentence was passed by HHJ Richardson KC, the Recorder of Sheffield, on 8 May 2025. He imposed a 3 year community order in relation to each of 6 offences that were committed when the Offender was 16. Four of the offences had been committed to the Crown Court on 2 April 2024 on the Offender pleading guilty at the first opportunity. He was then aged 17. Subsequently, on 21 November 2024, by which time he was aged 18, he pleaded guilty to two further offences. By the time he came to be sentenced he was aged 19, as he is now.

We heard submissions on behalf of the Solicitor General and the Offender on 22 July 2025, at the end of which we reserved our decision and judgment. This is the judgment of the Court and provides our decision and reasons.

Various technical points arise as a consequence of his age at various times. We deal with them below. However, as he came to be sentenced on 8 May 2025:

The offences charged on indictment were (a) an offence of inciting a child to engage in sexual activity, contrary to section 8 of the Sexual Offences Act 2003 (Count 5), and (b) an offence of attempted rape, contrary to section 1(1) of the Criminal Attempts Act 1981 (Count 6);

ii)

The offences committed to the Crown Court by the Magistrates were, as numbered in the Final Reference, (a) an offence of Sexual Assault of a Child under 13, contrary to section 7 of the Sexual Offences Act 2003 (Charge 1), (b) an offence of distributing indecent photographs of a child (2 category B images), contrary to section 1(1)(b) of the Protection of Children Act 1978 (Charge 2), (c) an offence of taking indecent photographs of a child (Category B images), contrary to section 1(1)(a) of the Protection of Children Act 1978 (Charge 4), and (d) an offence of taking indecent photographs of a child (category C) images, contrary to the same section (Charge 5).

We shall adopt the numbering of the Charges as recorded in the Final Reference, which differed from the numbering of the Charges recorded on the Magistrates’ Court extract, throughout this judgment.