Charlie Johnson [2019] EWCA Crim 1537

The appellant pleaded guilty to causing or inciting a child to engage in sexual activity and was sentenced to 16 months’ detention.

It was submitted that the judge took too high a starting point for sentence and did not have sufficient regard for the age of the appellant. Nor was there regard to his background and psychological issues, and a proposed alternative to custody should have been pursued.

Held: the appellant was 18, only just, and had the maturity akin to a 15 year old, with a highly dysfunctional upbringing. With reference to the guideline on the imposition of community and custodial sentences, it would not be appropriate to substitute a community penalty or suspended sentence. Although an uplift from the starting point was required due to the worrying features of the case, the appellant’s arguments cumulatively led to an appropriate sentence of 12 months.