Source: All England Reporter
Publisher Citation: [2005] All ER (D) 214 (Apr)
Court: Court of Appeal, Criminal Division
Judge:

Kennedy LJ, Treacy J and Judge Moss QC
Representation Bernard Powell (instructed by Everett, Tomlin, Lloyd & Pratt, Cwmbran ) for the defendant.
  Richard Horwell (instructed by the Treasury Solicitor) for the Attorney General.
Judgment Dates: 18 April 2005

Catchwords

Sentencing - Assault by penetration - Child abduction - Custodial sentence - Concurrent sentence unduly lenient.

The Case

A total custodial sentence of four years' imprisonment (comprising concurrent terms of two and four years' imprisonment for offences of child abduction and assault by penetration, respectively) were unduly lenient where the offender (who was of effective previous good character) had pleaded guilty to those offences, committed in circumstances where he had taken the five-year-old complainant to his flat and licked her vagina to the extent of penetration. The sentences imposed should have been consecutive and a total custodial sentence of six years' imprisonment would have been appropriate. Having regard to the principle of double jeopardy, a total custodial sentence of five years' imprisonment would be imposed.

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