Sentence for indecent assault offended against the totality principle

Court of Appeal allows appeal against sentence for indecent assault, finding that: (a) there was an error in principle where no plea in mitigation was heard and no enquiry was made as to whether the appellant wished to make any submission in mitigation, but this was not an error of substance justifying intervention where the sentencing judge acted with scrupulous fairness to the appellant in allowing him time to arrange for new legal representation, had the benefit of a probation report and properly identified the mitigating factors; and (b) the overall sentence was somewhat disproportionate having regard to the totality principle, and the court would intervene to a limited extent.