Source: All England Reporter
Publisher Citation: [2002] All ER (D) 147 (Jan)
Court: Court of Appeal, Criminal Division
Judge:

Kay LJ, Mackay J and The Recorder of Chester

Representation John Price (instructed by Mylles & Co, Windsor) for the defendant.
  Brian Altman (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 22 January 2002

Catchwords

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.

The Case

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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