Source: All England Reporter
Publisher Citation: [2008] All ER (D) 40 (Jun)
Court: Court of Appeal, Criminal Division

Teare and King JJ

Representation Rufus Taylor (assigned by the Registrar of Criminal Appeals) for the defendant.
  Iain Wicks (instructed by the Crown Prosecution Service) for the defendant.
Judgment Dates: 5 June 2008


Sentence - Imprisonment - Length of sentence - Sexual assault of a child under 13 - Six years' imprisonment - Whether sentence manifestly excessive.

The Case

The defendant's appeal against a sentence of six years' imprisonment imposed following his plea of guilty of sexual assault on his infant step-granddaughter would be allowed. The judge had not given a sufficient discount to reflect the minimal degree of penetration. The appropriate starting point in all the circumstances was seven-and-a-half years and not nine years. Accordingly, the sentence of six years' imprisonment would be quashed and, bearing in mind the guilty plea, would be substituted by a sentence the of five years' imprisonment.

Practice Areas

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