DPP v Wightley

The respondent in this case was convicted of various sexual offences against two young victims and appealed against his sentence. The Director of Public Prosecutions sought leave to appeal the sentence, which was granted by the Court of Appeal. The appeal raised questions about the adequacy of the sentences imposed on the respondent and whether the court had appropriately considered the principles of sentencing under the Sentencing Act 1991.

The court was required to determine whether the sentences imposed were manifestly inadequate, whether they adequately recognised the effects of the offending on the victims, and whether they appropriately balanced the principles of denunciation, specific deterrence, and general deterrence. The court also needed to consider whether the sentences given reflected the presumption of cumulation as outlined in section 6E of the Sentencing Act 1991 and whether the court had appropriately weighed the impact of the victim’s application for compensation under section 85B.

The Court of Appeal found that the sentences imposed on the respondent were indeed manifestly inadequate. They did not sufficiently recognise the effects of the offending on the victims, nor did they give appropriate weight to the principles of denunciation, specific and general deterrence. The court noted that the presumption of cumulation under section 6E of the Sentencing Act 1991 had not been adequately considered, and that insufficient weight had been given to the compromise of the victim’s application for compensation under section 85B. Consequently, the appeal was allowed, and the respondent was re-sentenced.

The final orders of the court included the re-sentencing of the respondent, with appropriate consideration given to the principles of sentencing and the impact on the victims. The court emphasised the importance of adequately recognising the effects of sexual offences on victims and ensuring that sentences reflect the principles of denunciation, specific deterrence, and general deterrence.