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R v John Ives

[2024] EWCA Crim 1415
A man was sentenced to 22 years in prison for many serious sex crimes against children. His appeal argued the sentence was too long and some parts were wrongly applied. The court agreed with some of his arguments, fixing the mistakes, but the total prison time remained the same.

Key Facts

  • John Ives convicted of 31 historical sexual offences against five complainants (aged 5-15) between 1976-1999.
  • Offences included indecency with a child, indecent assault, and buggery.
  • Initial sentence: 22 years' imprisonment with additional licence periods.
  • Appeal on grounds of excessive sentence and unlawful application of special custodial sentences under s.278 Sentencing Act 2020.

Legal Principles

Sexual Offences (Amendment) Act 1992 applies; prohibits publication of information identifying victims.

Sexual Offences (Amendment) Act 1992

Totality principle in sentencing: overall sentence must be just and proportionate.

Case law (implied)

Sentencing Act 2020, s.278: criteria for imposing special custodial sentences for offenders of particular concern.

Sentencing Act 2020, s.278

Criminal Appeal Act 1968, s.11(3): appellant cannot be dealt with more severely on appeal.

Criminal Appeal Act 1968, s.11(3)

Outcomes

Appeal against excessive sentence refused.

Judge correctly applied totality principle; sentence reflects seriousness of offending and harm caused.

Appeal allowed in part regarding unlawful sentences.

Trial judge erred in applying s.278 Sentencing Act 2020; some special custodial sentences were incorrectly imposed or omitted.

Several sentences quashed and replaced with lawful sentences under s.278, ensuring compliance with s.11(3) Criminal Appeal Act 1968.

Corrects errors in the application of special custodial sentences while upholding the principle of not increasing the severity of the sentence on appeal.

Total sentence remains 22 years' imprisonment with a 1-year licence period.

Modification of sentences to correct errors but maintains overall sentence length to reflect the gravity of the crimes.

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