||All England Reporter
|| All ER (D) 147 (Jan)
||Court of Appeal, Criminal Division
Kay LJ, Mackay J and The Recorder of Chester
||John Price (instructed by Mylles & Co, Windsor) for the defendant.
||Brian Altman (instructed by the Crown Prosecution Service) for the Crown.
||22 January 2002
Sentencing - Rape - Custodial sentence - Defendant subjected to violence by fellow prisoners - Whether relevant factor to consider in determining Attorney General's Reference - Aggravating and mitigating features - Whether sentence unduly lenient.
On a Reference by the Attorney General for leave to appeal under s26 of the it was appropriate to take into consideration that the offender had been subjected to violence by fellow prisoners although it would not be relevant to an ordinary appeal against sentence.
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