Source: All England Reporter
Publisher Citation: [2006] All ER (D) 83 (Oct)
Court: Court of Appeal, Criminal Division

Hooper LJ, Simon and Lloyd Jones JJ

Representation Jonathan Ryan (instructed by Keppe Rofer) for the offender.
  Crispin Aylett (instructed by the Treasury Solicitor) for the Attorney General.
Judgment Dates: 6 October 2006


Sentence - Custodial sentence - Seriousness of offence - Rape - Vulnerability of victim - Previous 'unwelcome' sexual activity - Reference by Attorney General - Whether court entitled to address fresh evidence - Whether full credit appropriate for guilty plea - Whether sentence unduly lenient - , s 36.

The Case

Aggravating factors could have a very substantial impact on sentence. The overriding objectives in Pt I CrPR applied to the sentencing stage as well as the trial stage. Fairness both to the defendant and to the victim and family was required as the sentencing stage. It might be important in cases where there could be a dispute about the existence of an aggravating factor that the defence know beforehand what aggravating factors the prosecution might advance to the judge. That would enable the defence to prepare the case and the parties could ensure that all relevant material was available at the time of the sentencing hearing.

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