Caselaw Digest
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R v AJ

31 October 2023
[2023] EWCA Crim 1345
Court of Appeal
A man was convicted of sexually abusing four children. He got a long prison sentence, and a court decided that sentence was fair, even though he hadn't been in trouble before.

Key Facts

  • The applicant (A.J.) was convicted of multiple sexual offenses against four female children (C1, C2, C3, and C4) between 2014 and 2021.
  • The offenses included sexual activity with a child family member, assault by penetration of a child under 13, and sexual assault of a child under 13.
  • The applicant was aged 48 at sentencing.
  • The applicant was sentenced to concurrent extended determinate sentences totaling 14 years (12 years custodial and 2 years extended licence).
  • The applicant appealed the sentence, arguing it was manifestly excessive and wrong in principle due to insufficient reduction for lack of relevant previous convictions, double-counting of aggravating features, and unjustified finding of dangerousness.
  • The offenses involved abuse of trust, targeting vulnerable children, and significant age disparity.

Legal Principles

Sexual Offences (Amendment) Act 1992: Reporting restrictions apply to protect victims' identities.

Sexual Offences (Amendment) Act 1992, section 3

Sentencing guidelines for sexual offenses under the Sexual Offences Act 2003.

Sentencing Guidelines for Sexual Offences (2003)

Extended determinate sentences for dangerous offenders under the Sexual Offences Act 2003.

Sexual Offences Act 2003

Outcomes

The appeal was dismissed.

The court found the sentence was not manifestly excessive, that the judge correctly applied the sentencing guidelines and did not double-count aggravating features, and that the finding of dangerousness was supported by the evidence.

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