Midana Bigna [2019] EWCA Crim 1669

The appellant pleaded guilty to two counts of sexual activity with a child and making an indecent photo of a child. He was sentenced to 8 years’ imprisonment.

The appellant was a man of previous good character who met up with a 15-year-old girl who he contacted over Facebook. He plied her with alcohol until she was heavily intoxicated. He then had sex with her vaginally and orally, and filmed it on a mobile phone without her knowledge.

The principal point of the appeal was that although there were several aggravating features to the offending, the starting point taken was outside of the category range.

Held: the proliferation of serious features of the offending required a “firm sentence”, but the judge went beyond that. A sentence within the category range was required, and a term of 6 years was appropriate.

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