R v Lucy Wilding
[2024] EWCA Crim 1285
R v Michael Trundle
16 May 2024
[2024] EWCA Crim 588
Court of Appeal
An 85-year-old man was given a 10-month prison sentence for online chats with someone he thought was a 14-year-old boy. The judge didn't suspend the sentence because the man didn't show remorse. The appeals court changed the sentence to a suspended sentence because they felt the judge didn't consider the man's age, health problems, and the fact he'd stayed out of trouble for three years. The man now has a suspended sentence and will have to do some rehabilitation work.
Key Facts
- •85-year-old appellant with previous good character pleaded guilty to attempted sexual communication with a child.
- •Offence involved online conversations with an undercover police officer posing as a 14-year-old boy.
- •Appellant solicited indecent images and engaged in sexually explicit conversations.
- •Appellant showed no remorse and maintained his innocence throughout the proceedings.
- •Sentenced to 10 months' immediate imprisonment, a 10-year Sexual Harm Prevention Order, and a victim surcharge.
- •Appellant suffers from various health issues including osteoarthritis and tremors.
Legal Principles
Sentencing guidelines for sexual communication with a child.
Offence specific guideline for sexual communication with a child
Factors to consider when deciding whether to suspend a custodial sentence.
Sentencing Council Imposition of Community and Custodial Sentencing Over-arching Guideline
Relevant case law on suspending sentences and considering prison conditions.
R v Ali [2023] EWCA Crim, R v Manning [2020] EWCA Crim 592
Outcomes
Appeal allowed in part.
The Court of Appeal found that the judge erred in failing to adequately consider the appellant's age, health, lack of previous convictions, three-year period without further offending, and the availability of rehabilitation options when deciding against a suspended sentence.
10-month prison sentence suspended for 12 months.
The court substituted the original sentence with a 12-month suspended sentence, a maximum 26 days rehabilitation activity requirement, and a continued Sexual Harm Prevention Order.