A FORMER Cub Scout leader who sexually abused three young teenagers - a youth and two girls - has been given the green light to challenge his sentence.
Michael Daniel Jay, 24, of Hurcott Road, Kidderminster, was jailed for five-and-a-half years at Worcester Crown Court.
He had pleaded guilty last May to buggery, two indecent assaults on a male, three counts of sexual intercourse with a girl under 16 and having an indecent photo of a child.
He was also given an extended term of three years, meaning if he takes one step out of line during the three years after the custodial term has ended, he can be recalled to prison.
London's Criminal Appeal Court last Thursday granted Jay permission to challenge his sentence, concluding he had an "arguable case" that the overall term of eight-and-a-half years was too long.
Mr Justice David, however, sitting with Mr Justice Fulford, said their decision was made with "some hesitation" and he warned that obtaining permission to appeal was not an indication the challenge would necessarily be successful.
He referred to evidence that the acts in question were said to all be consensual but he noted young teenagers could not consent to such activity.
"There is some suggestion drink may have been involved to facilitate the commission of these offences," the judge said.
Jay had submitted his own grounds of appeal, including that the sentence did not reflect the facts that he had co-operated with police at all times, pleaded guilty at the earliest possible time, was of previous good character and relatively young.
Mr Justice Davis said Jay had also "picked up" certain sections - which were favourable to him - in the pre-sentence and psychological reports.
No date was set for the full hearing of Jay's appeal at which he will be legally represented.
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