Source: All England Reporter
Publisher Citation: [2009] All ER (D) 195 (May)
Court: Court of Appeal, Criminal Division

Hughes and Etherton LJJ, Holroyde JJ (judgment delivered extempore)

Representation Peter Kelson QC and James Baird (assigned by the Registrar of Criminal Appeals) for the defendant.
  Nicholas Campbell and Sarah Wright (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 19 May 2009


Sentence - Imprisonment - Length of sentence - Rape and indecent assault - Defendant pleading guilty to rape and indecent assault on daughters over period of over twenty years - Defendant impregnating daughters numerous times - Judge imposing sentence of life imprisonment with minimum term of 19½ years - Whether minimum term manifestly excessive.

The Case

Sentence Imprisonment. Court of Appeal, Criminal Division: A notional determinate term of over 40 years after a guilty plea was, in the context of other crimes and other cases, too long in circumstances where the defendant had raped and indecently assaulted his daughters for over 20 years and deliberately impregnated them on numerous occasions. The minimum term was accordingly reduced from 19 years to 14 years' imprisonment, reflecting a notional determinate term of approximately 33 years.

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