||All England Reporter
|| All ER (D) 414 (May)
|| EWCA Crim 50
||Court of Appeal, Criminal Division
Moses LJ, Gibbs and Griffith-Williams JJ
||Vincent Ward (assigned by the Registrar of Criminal Appeals) for the defendant.
||19 January 2007
Sentence - Imprisonment - Length of sentence - Indecent assault on a female - Indecency with a child - Defendant abusing step-daughter over six year period until she was 14 years old - Defendant sentenced to ten years' imprisonment - Whether sentence manifestly excessive.
Sentence Imprisonment. The nature of the defendant's prolonged sexual abuse of his stepdaughter rendered the effect of his previous good character negligible for sentencing purposes. The real question was whether, having regard to the defendant's guilty plea and remorse, the starting point taken by the judge was out of proportion to the totality of the offending. Grave though the offending was, the total sentence of ten years' imprisonment after a guilty plea presupposed a starting point before plea of around 15 years, which would be appropriate to a campaign of rape, but was not appropriate to the instant case. In all the circumstances, the appropriate staring point was 12 years, which gave an appropriate sentence of eight years' imprisonment.
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