McGregor, R. v [2025] EWCA Crim 1737 (27 November 2025)

McGregor, R. v [2025] EWCA Crim 1737 (27 November 2025)

The sentencing judge erred in failing to categorise the harm as category 2 under the Rape guideline, as the victim's incapacity due to intoxication rendered her particularly vulnerable regardless of how she came to be in bed. The correct starting point was 8 years, adjusted to 7 years to reflect the specific circumstances, with a modest reduction for mitigation resulting in a sentence of 6 years and 6 months.

Citation
[2025] EWCA Crim 1737
Parties
Prosecution: Rex; Respondent Offender: Sam McGregor
Jurisdiction
England and Wales
Judgment Date
27 November 2025
Procedural Posture
Criminal Appeal (attorney General's Reference) / Sentence Review Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased
Legal Topics
Rape, Sentencing, Vulnerability of Victim, Sentencing Guidelines, Attorney General's Reference
Criminal Law Rape Sentencing Vulnerability of Victim Sentencing Guidelines Attorney General's Reference

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Parties

Rex

Prosecution

Sam McGregor

Respondent Offender

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the harm for the purposes of the Rape sentencing guideline
  2. 2 Whether the sentence imposed was unduly lenient and should be increased

Ratio Decidendi

The sentencing judge erred in failing to categorise the harm as category 2 under the Rape guideline, as the victim's incapacity due to intoxication rendered her particularly vulnerable regardless of how she came to be in bed. The correct starting point was 8 years, adjusted to 7 years to reflect the specific circumstances, with a modest reduction for mitigation resulting in a sentence of 6 years and 6 months.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Original sentence of 4 years and 6 months quashed
  • Respondent sentenced to 6 years and 6 months' imprisonment