Source: All England Reporter
Publisher Citation: [2009] All ER (D) 324 (Nov)
Neutral Citation: [2009] EWCA Crim 319
Court: Court of Appeal, Criminal Division

Latham LJ, Keith J and Sir Christopher Holland

Representation Hugh Southey (assigned by the Registrar of Criminal Appeals) for the defendant.
  Stephen Kemp (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 27 January 2009


Sentence - Detention - Length of detention - Defendant committing various sexual acts on complainant - Defendant subsequently convicted of rape and sexual assault and sentenced to 30 months' detention - Defendant's appeal against sentence dismissed - Criminal Cases Review Commission referring case to Court of Appeal on basis that court not taking into consideration consequences of detention - Divisional court considering application for judical review and finding that sentences imposed on young persons not in conformity with requirements of European Convention on Human Rights - Whether sentence manifestly excessive or wrong in principle - European Convention on Human Rights, art 8 - s 91 -  s 9.

The Case

Sentence Detention. The Court of Appeal, Criminal Division, dismissed the defendant's appeal against a sentence of 30 months' detention for sexual offences, through a reference made by the Criminal Cases Review Commission in light of a judicial review decision in the Divisional Court.

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