| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 418 (Nov) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Gage LJ, Underhill J and Sir Christopher Holland |
| Representation | Piers Marquis (instructed by Needham Poulier & Partners) for the offender. |
| Oliver Glasgow (instructed by the Treasury Solicitor) for the Attorney General. | |
| Judgment Dates: | 27 November 2007 |
Catchwords
Sentence - Imprisonment - Length of sentence - Aggravated burglary - Indecent assault - False imprisonment - Offender attacking lone woman in home at night - Offender indecently assaulting victim - Threats of violence and presence of weapon - Seriousness of offence - Judge imposing total sentence of seven years' imprisonment - Whether sentence unduly lenient.
The Case
In the instant case, where the offender attacked the victim, a lone woman in her home at night, bound and gagged her, threatened her with a knife and indecently assaulted and stole from her, in all the circumstances and in the light of the authorities, the total sentence imposed of seven years' imprisonment following the offender's late guilty plea to aggravated burglary, false imprisonment and two counts of indecent assault, was unduly lenient. The total sentence which would have been expected on conviction was 11 to 14 years' imprisonment. In all the circumstances, the concurrent sentences of seven years' imprisonment imposed for aggravated burglary and false imprisonment would be quashed and substituted with concurrent terms of nine years' imprisonment.
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