Source: All England Reporter
Publisher Citation: [2014] All ER (D) 67 (Jan)
Court: Court of Appeal, Criminal Division
Judge:

Hallett LJ, Silber and Green JJ (judgment delivered extempore)

Representation Alistair Grainger (instructed by Dexter & Port LLP, Reading) for the defendant.
  Crispin Aylett QC (instructed by the Attorney General's Office) for the Attorney General.
Judgment Dates: 15 January 2014

Catchwords

Sentence - Appeal - Increase of sentence - Attorney General's reference - Application for leave to refer sentence - Defendant pleading guilty to one count of attempted rape and one count of murder - Judge at sentencing being persuaded that murder not involving sexual conduct - Defendant being sentenced to life imprisonment with minimum term of 25 years - Attorney General applying for leave to refer sentence as unduly lenient - Whether judge erring - Whether murder involving sexual conduct - Whether sentence unduly lenient - .

The Case

Sentence Appeal. The defendant had attempted to rape the deceased and following a struggled by the deceased he strangled her to death. He was sentenced to life imprisonment with a minimum term of 25 years. The Attorney General applied for leave to refer the sentence as unduly lenient. The Court of Appeal, Criminal Division held that the judge at sentencing had erred and ought to have set the minimum term at 30 years as the case had been such where the murder had involved sexual conduct. The minimum term of 25 years was quashed and substituted with a minimum term of 30 years.

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