Abdoule, R. v [2018] EWCA Crim 1758 (25 April 2018)

Abdoule, R. v [2018] EWCA Crim 1758 (25 April 2018)

The original sentences of 11 years were unduly lenient because the cumulative aggravating factors (sustained incident, threats, victim vulnerability, degradation, planning, racial aggravation, use of weapon, threat to kill) placed the offences in Category 1A under the Sentencing Guidelines, warranting a starting point of 15 years' imprisonment. The judge erred in categorising the offences as Category 2A.

Citation
[2018] EWCA Crim 1758
Parties
Prosecution: Regina; Offender: Ahmed Hasseen Abdoule
Jurisdiction
England and Wales
Judgment Date
25 April 2018
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentences increased
Legal Topics
Rape, Sentencing, Unduly Lenient Sentences, Sexual Offences, Aggravating and Mitigating Factors
Criminal Law Rape Sentencing Unduly Lenient Sentences Sexual Offences Aggravating and Mitigating Factors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Prosecution

Ahmed Hasseen Abdoule

Offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original sentences for rape were unduly lenient
  2. 2 Proper categorisation of harm and culpability under Sentencing Guidelines
  3. 3 Relevance of deportation to sentencing

Ratio Decidendi

The original sentences of 11 years were unduly lenient because the cumulative aggravating factors (sustained incident, threats, victim vulnerability, degradation, planning, racial aggravation, use of weapon, threat to kill) placed the offences in Category 1A under the Sentencing Guidelines, warranting a starting point of 15 years' imprisonment. The judge erred in categorising the offences as Category 2A.

Court Disposition

Appeal allowed; sentences increased

Orders

  • Sentences of 11 years on each count quashed and substituted with concurrent sentences of 15 years on each count.
  • 35 days credit to be given for qualifying curfew and electronic monitoring while on bail.