Source: All England Reporter
Publisher Citation: [2005] All ER (D) 303 (Jun)
Neutral Citation: [2005] EWCA Crim 1002
Court: Court of Appeal, Criminal Division

Rose LJ, Bodey J and Sir Richard Tucker

Representation Sallie Bennett-Jenkins (instructed by the Treasury Solicitor) for the Attorney-General.
  Keith Harrison (assigned by the Registrar of Criminal Appeals) for the offender.
Judgment Dates: 11 April 2005


Sentencing - Rape - Indecent assault - Incest - Custodial sentence - Sentence unduly lenient.

The Case

Where the offender pleaded guilty on the first day of trial to 17 counts, which comprised two specimen counts of indecent assault, four counts of rape, and 11 counts of incest, in respect of all of which offences the victim was his natural daughter who had been aged between 14 and 27 at the time when the offences were committed, and was sentenced to 12 months' imprisonment for each of the offences of indecent assault, five years' imprisonment for each of the rape offences and two years' imprisonment for each of the incest offences, all to run concurrently, the sentences of five years' imprisonment concurrent on each of the rape counts were quite clearly unduly lenient to a very significant degree. Those sentences were quashed and substituted with sentences of ten years' imprisonment, to run concurrently and to run concurrently with the other sentences imposed for indecent assault and incest.

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