Sturt, R. v

In assessing sentence for sexual assault on a child, aggravating features such as abuse of trust and grooming must be balanced against material mitigation. Immediate remorse, desisting without force, recognising the child’s distress and helping the child contact a parent may make a higher starting point excessive.

A sexual offences prevention order made under section 107(1)(b) of the Sexual Offences Act 2003 must run either for a fixed period of at least five years or until further order. An indefinite period is not authorised by that provision.

The appellant, a 64-year-old golf professional of previous good character, pleaded guilty at Snaresbrook Crown Court to two sexual assaults on a male child under 13. He received concurrent sentences of three years’ imprisonment. The sentencing judge also made a sexual offences prevention order for an indefinite period.

By leave of the single judge, the appellant challenged the sentences as manifestly excessive. He relied on his admissions, early guilty pleas, good character and the fact that the offences comprised two incidents. The appeal also required the court to correct the operative period of the prevention order.

1. Appeal allowed. The concurrent sentences of three years’ imprisonment were quashed and replaced with concurrent sentences of 18 months’ imprisonment.

2. The applicable Sentencing Guidelines Council Definitive Guideline gave a starting point of three years’ imprisonment and a range of one to four years. Abuse of trust and an element of grooming were aggravating features. However, the sentencing judge’s starting point of four and a half years was too high because it did not give sufficient weight to the substantial mitigation.

3. The appellant used no force. On the principal occasion he did not persist when the child moved away. He immediately apologised, appreciated the child’s distress and enabled him to contact his parents. Those matters materially reduced the appropriate sentence despite the seriousness of the offending.

4. The sexual offences prevention order could not be expressed to continue indefinitely. Under section 107(1)(b) of the Sexual Offences Act 2003, it had to be for a fixed period of at least five years or until further order. The court amended it to continue until further order. The appellant could seek variation in the Crown Court and, after five years, seek discharge under section 108.

• Court of Appeal (Criminal Division): Allowed the appeal by leave of the single judge, quashed concurrent sentences of three years’ imprisonment and substituted concurrent sentences of 18 months. It also amended the sexual offences prevention order.
• Crown Court at Snaresbrook: On 1 August 2008, following guilty pleas to two sexual assaults on a male child under 13, imposed concurrent sentences of three years’ imprisonment and a sexual offences prevention order expressed to continue indefinitely.