Source: All England Reporter
Publisher Citation: [2006] All ER (D) 49 (Sep)
Court: Court of Appeal, Criminal Division

Scott Baker LJ, Leveson and Davis JJ

Representation Joel Bennathan (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 12 September 2006


Sentence - Life imprisonment - Life imprisonment for second serious offence - Rape - Defendant convicted of two counts of rape but acquitted of one more serious count of rape against same complainant - Whether exceptional circumstances justifying not passing life sentence - Powers of the Criminal Courts Sentencing Act 2000, s 109.

The Case

The judge had been right to find that there were no exceptional circumstances to justify not passing a life sentence, pursuant to s109 of the Powers of the Criminal Courts Sentencing Act 2000, on a defendant who, although he had been convicted of two counts of rape, committed whilst he had been on licence from a sentence for previous firearms offences, had been acquitted of another, more violent, count of rape against the same complainant. In all the circumstances, a notional determinate sentence of eight years was not a sentence which should be interfered with.

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