Green, R. v

When sentencing distinct sexual offences which arise from a single course of Internet conduct, the court must apply the totality principle to the aggregate sentence. Consecutive sentences may be justified, but they should not produce a total that is greater than the offending as a whole warrants. Where concurrent sentences better reflect the continuous course of conduct and yield a proportionate overall term, they should be preferred.

The appellant pleaded guilty at the first sensible opportunity to causing or inviting a 12-year-old child to engage in sexual activity, and to causing her to watch a sexual act. The offences were committed through Internet conversations and a web camera during 2005. He encouraged the child to expose herself and masturbated in front of her; he retained recordings of both conduct.

At Cardiff Crown Court, he received 24 months’ imprisonment on the first count and 16 months’ imprisonment consecutively on the second, making 40 months. He appealed against sentence on the ground that the total was excessive and that the terms should have been concurrent or shorter.

1. Appeal allowed. The total sentence of 40 months’ imprisonment was excessive because the consecutive terms produced a sentence greater than the offending as a whole justified.
2. The offending was serious. It involved a 38-year-old adult’s manipulative and predatory sexual conduct towards a 12-year-old child whom he knew through his stepdaughter. The conduct took place on several occasions and involved a gross breach of the adult-child relationship. The court also took account of the recordings retained by the appellant.
3. There were substantial mitigating matters. The guilty pleas spared the child from giving evidence. They were entered at the earliest sensible opportunity. The appellant showed genuine remorse, insight into his difficulties and a willingness to seek help. He also had no relevant previous convictions.
4. The sentencing judge could properly have imposed consecutive sentences. However, the offences formed a course of conduct. Applying totality, concurrent terms better reflected that course and avoided an excessive aggregate sentence.
5. A total of 30 months’ imprisonment was appropriate. The court substituted sentences of 30 months’ imprisonment on each count, to run concurrently.

• Court of Appeal (Criminal Division): Allowed the renewed appeal against sentence and substituted concurrent sentences of 30 months’ imprisonment: [2006] EWCA Crim 3294.
• Cardiff Crown Court: On 31 August 2006, imposed 24 months’ imprisonment for causing or inviting a child to engage in sexual activity and 16 months consecutively for causing a child to watch a sexual act, totalling 40 months.