| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 152 (Mar) |
| Neutral Citation: | [2006] EWCA Crim 2664 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Rix LJ, Dobbs J and Sir Charles Mantell |
| Representation | Mark McKone (assigned by the Registrar for Criminal Appeals) for the defendant. |
| Judgment Dates: | 5 October 2006 |
Catchwords
Sentence - Mandatory life sentence - Rape - Notional determinate sentence - Discount for guilty plea - Whether notional determinate sentence excessive.
The Case
Sentence Mandatory life sentence. In all the circumstances, the notional determinate sentence of 20 years' imprisonment (and, consequently, the specified period of ten years) for the defendant's guilty plea to the violent rape of the victim was excessive. The appropriate determinate sentence after a trial would have been 20 years. Although the evidence against him might be regarded as overwhelming, the correct discount for the guilty pleas was four years. It followed that the appropriate determinate sentence was 16 years. Accordingly, a specified period of eight years would be substituted.
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