R v AJ
[2023] EWCA Crim 1345
R v Jason Newman
18 April 2024
[2024] EWCA Crim 415
Court of Appeal
A man was convicted of sexually abusing a child. He has learning difficulties. The judge gave him a prison sentence, considering his learning difficulties, but the man appealed. The appeal court agreed the sentence was fair despite the man's difficulties, because his crimes were very serious.
Key Facts
- •Jason Newman (appellant) was convicted of sexual offences against an 8-9-year-old child (C1) with complex needs.
- •Offences included making indecent photographs of a child, causing/inciting a child to engage in sexual activity, and sexual activity with a child.
- •Appellant pleaded guilty late in the proceedings, after C1 had been cross-examined.
- •Appellant had a low IQ (56) and significant intellectual disabilities, as detailed in psychological reports.
- •The sentencing judge considered mitigating factors (intellectual disabilities, good character) but imposed a 41-month concurrent sentence.
Legal Principles
Sexual Offences (Amendment) Act 1992 prohibits publication of information identifying victims of sexual offences.
Sexual Offences (Amendment) Act 1992
Sentencing guidelines for sexual offences against children (Sentencing Council guideline, effective from 1 April 2014).
Sentencing Council guideline
Sentencing guideline on offenders with mental disorders, developmental disorders or neurological impairments (effective from 1 October 2020).
Sentencing Council guideline
Outcomes
Appeal against sentence dismissed.
The Court of Appeal found the 41-month sentence, while considering mitigating factors including the appellant's intellectual disabilities, was not manifestly excessive given the severity of the offences and multiple aggravating factors.