Source: All England Reporter
Publisher Citation: [2006] All ER (D) 245 (Apr)
Court: Court of Appeal, Criminal Division

Pill LJ, Dobbs and Underhill JJ

Representation Jamas Hodivalla (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 27 April 2006


Sentence - Custodial sentence - Seriousness of offence - Imprisonment for public protection - Sexual assault - Whether notional determinate sentence manifestly excessive.

The Case

A starting point of seven-and-a-half years was too high for offences of sexual assault contrary to s3 of the where the defendant had pressed his penis against women, ejaculating over them without their knowledge or consent. In all the circumstances, the correct starting point would have been four-and-a-half years. For the purposes of imprisonment for public protection under s225 of the a notional determinate sentence of three years would be appropriate, after giving full credit for a guilty plea. A three year determinate sentence would be appropriate for an offence committed before the coming into force of s225.

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