| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 201 (Oct) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Gage LJ, Holland J and Judge Wide |
| Representation | Michael Scholes (assigned by the Registrar of Criminal Appeals) for the offender. |
| Mark Ellison (instructed by the Treasury Solicitor) for the Attorney General. | |
| Judgment Dates: | 19 October 2005 |
Catchwords
Sentence - Imprisonment - Length of sentence - Rape - Offender raping woman vaginally and orally in graveyard - Whether length of sentence unduly lenient.
The Case
In the instant case, where the offender had pleaded guilty to two counts of rape, having accosted a young woman at night and raped her vaginally and orally in a graveyard, a sentence of four years and four months' imprisonment was unduly lenient. The starting point should have been 12years, and accordingly, having regard to the offender's guilty pleas and double jeopardy, a sentence of seven years' imprisonment would be substituted.
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