Source: All England Reporter
Publisher Citation: [2008] All ER (D) 436 (Jun)
Neutral Citation: [2008] EWCA Crim 1533
Court: Court of Appeal, Criminal Division
Judge:

Lord Phillips of Worth Matravers, Dobbs and Underhill JJ

Representation Edward Brown QC (instructed by the Treasury Solicitor) for the Crown.
  Jill Evans (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 24 June 2008

Catchwords

Sentence - Imprisonment - Length of sentence - Trespass with intent to commit a sexual offence - Assault - Rape - Offender sentenced to concurrent sentences of imprisonment for public protection with minimum term of three years - No seperate penalty being imposed in respect of trespass - Whether sentence unduly lenient.

The Case

Sentence Imprisonment. Court of Appeal, Criminal Division: The defendant's concurrent sentences of imprisonment for public protection with a minimum term of three years in respect of offences of assault by penetration of the offender's finger into the complainant's anus, rape (penile penetration of the anus), rape (penile penetration of the vagina) and rape (penile penetration of the mouth) were not unduly lenient. However, it had been unlawful to impose no separate penalty for trespass with intent to commit a sexual offence as that was a serious specified offence. Accordingly, a concurrent sentence of imprisonment for public protection with a minimum term of three years would be passed in respect of that count.

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