Source: All England Reporter
Publisher Citation: [2008] All ER (D) 20 (Jan)
Court: Court of Appeal, Criminal Division

Hallett LJ, Stanley Burnton and Wyn Williams JJ

Representation Bruce Tattersall (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 15 January 2008


Sentence - Custodial sentence - Dangerousness - Imprisonment for public protection - Minimum term - Rape - Assault by penetration - Assault occasioning actual bodily harm - Whether judge erring in assessment of dangerousness - Whether minimum term too long - Whether judge erring in failing to impose extended sentences in respect of assault occasioning actual bodily harm - .

The Case

In the instant case, where the defendant had raped, orally and vaginally, the first victim; and had assaulted and digitally penetrated the second victim, with whom he had been in a relationship, the judge had been justified in imposing sentences of imprisonment for public protection and in imposing a minimum term of six years. However, given that he had found the defendant to be dangerous, he had been obliged to impose extended sentences in relation to associated offences of assault occasioning actual bodily harm. Accordingly, concurrent extended sentences of three years, comprising a custodial term of 18 months and a period of licence of 18 months, were imposed for those offences.

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