Source: All England Reporter
Publisher Citation: [2011] All ER (D) 237 (Oct)
Neutral Citation: [2011] EWCA Crim 2598
Court: Court of Appeal, Criminal Division
Judge:

Lord Judge CJ, Butterfield and Henriques JJ (judgment delivered extempore)

Representation Elizabeth Smaller (instructed by Middleweeks Solicitors) for the offender.
  Tom Little (instructed by the Crown Prosecution Service) for the Crown in the appeal.
  Edward Garner QC and Tom Little (instructed by the Treasury Solicitor) for the Attorney General.
Judgment Dates: 27 October 2011

Catchwords

Sentence - Custodial sentence - Dangerous offenders - Rape - Young offender entering home of victim at night and forcing her to perform sex acts - Offender sentenced to detention for public protection - Minimum term of five years being specified - Defendant appealing against sentence - Attorney General seeking leave to refer sentence to Court of Appeal as unduly lenient - Whether sentence wrong in principle - Whether sentence unduly lenient.

The Case

Sentence Custodial sentence. The Court of Appeal, Criminal Division, held as unduly lenient, a minimum term of five years on a detention for public protection imposed, following a trial, on an 18-year old offender who had entered the house of a widow in her 60s and raped her. The correct starting point was 12 years and a minimum term of six years was imposed.

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