William Albert John Skone

JurisdictionEngland & Wales
CourtCourt of Criminal Appeal
JudgeLORD JUSTICE SALMON
Judgment Date21 Dec 1966
Judgment citation (vLex)[1966] EWCA Crim J1221-3
Docket NumberNo. 3327/66

[1966] EWCA Crim J1221-3

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

Before:-

The Lord Chief Justice of England (Lord Parker)

Lord Justice Salmon

and

Mr. Justice Fenton Atkinson

No. 3327/66

Regina
and
William Albert John Skone

THE APPLICANT was not represented.

LORD JUSTICE SALMON
1

On October 12th of this year at Pembrokeshire Quarter Sessions the Appellant was convicted on three counts of having sexual intercourse with a girl between the ages of 13 and 14; he was sentenced to six months' imprisonment on each count concurrent. He now applies for leave to appeal against sentence.

2

The Appellant is a man of 47 years of age; he is married with five children; he carries on an absolutely respectable business as a butcher, and apart from a few minor offences which were dealt with summarily, he has a clean character. The Jury strongly recommended him to mercy, saying that they felt he had been as much sinned against as sinning. The point that they had in mind was that it was shown at the trial that this was a thoroughly immoral girl, who in spite of her age, had had a great deal of sexual experience with other men, and the Chairman took the recommendation to leniency into consideration.

3

This Court feels that in spite of the girl's character, and in spite of the recommendation to mercy, a man of 47 knowing full well that he is committing a criminal offence by having sexual intercourse with a girl between 13 and 14 ought to have resisted the temptation that she no doubt offered him and that accordingly some sentence of imprisonment was inevitable and that six months was the appropriate sentence.

4

Before parting from the case, this Court would like to say that the Deputy Chairman of Quarter Sessions in pronouncing sentence said that he took into account, amongst other things, the accusations that this Applicant had made against the Police during the course of his defence. In the view of this Court that was an entirely improper observation by the Deputy Chairman. The fact that the Applicant had attacked the Police Officers in the course of his defence should not have added one day to his sentence, but this Court is quite clear that apart from the matters to which I have just alluded, if this man, for example, had pleaded guilty, it would have...

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