Source: All England Reporter
Publisher Citation: [2008] All ER (D) 40 (Jun)
Court: Court of Appeal, Criminal Division
Judge:

Teare and King JJ

Representation Rufus Taylor (assigned by the Registrar of Criminal Appeals) for the defendant.
  Iain Wicks (instructed by the Crown Prosecution Service) for the defendant.
Judgment Dates: 5 June 2008

Catchwords

Sentence - Imprisonment - Length of sentence - Sexual assault of a child under 13 - Six years' imprisonment - Whether sentence manifestly excessive.

The Case

The defendant's appeal against a sentence of six years' imprisonment imposed following his plea of guilty of sexual assault on his infant step-granddaughter would be allowed. The judge had not given a sufficient discount to reflect the minimal degree of penetration. The appropriate starting point in all the circumstances was seven-and-a-half years and not nine years. Accordingly, the sentence of six years' imprisonment would be quashed and, bearing in mind the guilty plea, would be substituted by a sentence the of five years' imprisonment.

Practice Areas

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