R v Callum Ross Kelly Johnstone

R v Callum Ross Kelly Johnstone

The judge erred in categorising the offences as Category 3B rather than 2B, failed to properly account for aggravating features, and made no adjustment for the additional criminality of the assault by penetration. The correct sentence for the lead offence, reflecting totality and aggravation, was 10 years and six months' imprisonment.

Parties
Prosecutor: Rex; Offender: Callum Ross Kelly Johnstone
Jurisdiction
England and Wales
Judgment Date
17 November 2025
Procedural Posture
Criminal Appeal Sentence Reference / Appeal Against Sentence (attorney General's Reference Under S.36 Criminal Justice Act 1988)
Outcome
Appeal allowed; sentence increased
Legal Topics
Rape, Assault by Penetration, Sentencing, Unduly Lenient Sentence, Vulnerability of Victim, Aggravating and Mitigating Factors
Criminal Law Rape Assault by Penetration Sentencing Unduly Lenient Sentence Vulnerability of Victim Aggravating and Mitigating Factors

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Parties

Rex

Prosecutor

Callum Ross Kelly Johnstone

Offender

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentence imposed for rape and assault by penetration was unduly lenient
  2. 2 Proper categorisation of harm and culpability under sentencing guidelines
  3. 3 Appropriate adjustment for aggravating and mitigating features

Ratio Decidendi

The judge erred in categorising the offences as Category 3B rather than 2B, failed to properly account for aggravating features, and made no adjustment for the additional criminality of the assault by penetration. The correct sentence for the lead offence, reflecting totality and aggravation, was 10 years and six months' imprisonment.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Sentence of six years and six months on count 1 (rape) quashed
  • Sentence of 10 years and six months' imprisonment imposed on count 1 (rape)