Patrick Byrne [2019] EWCA Crim 1496

The appellant was convicted of six offences of sexual activity with a child and six of causing or inciting a child to engage in sexual activity. A total term of 8 years and 6 months’ imprisonment was imposed.

The appellant was friends with the victim’s grandparents and was a vulnerable child.

Held: the use of the word “devilish” is an unhelpful way to describe an offender in sentencing remarks and suggests the sentencer may have lost a sense of proportion. Euphemisms are unnecessary, and language of this kind crosses the line and should not be used.

Each of the individual offences fell into Category 2A; culpability was high. Those factors taken together mean a sentence was required that was much longer than the suggested starting point for a single offence. The sentence was proportionate to the offending and could not be described as manifestly excessive.

The appeal was dismissed.