R v Kishor Patel

R v Kishor Patel

The original sentence of 9 years was unduly lenient given the frequency and duration of the rapes, the severe and ongoing psychological harm, and the additional trauma caused by pregnancy. The proper sentence reflecting the totality of criminality and aggravating features is 16 years' imprisonment on each lead count, concurrent.

Parties
Prosecutor: Rex; Appellant/respondent: Kishor Patel
Jurisdiction
England and Wales
Judgment Date
03 September 2026
Procedural Posture
Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988; Appeal Against Sentence
Outcome
Appeal allowed; sentence increased
Legal Topics
Sentencing, Sexual Offences, Indecent Assault, Rape, Unduly Lenient Sentence, Attorney General Reference
Criminal Law Sentencing Sexual Offences Indecent Assault Rape Unduly Lenient Sentence Attorney General Reference

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Parties

Rex

Prosecutor

Kishor Patel

Appellant/respondent

Procedural Posture

Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988; Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient
  2. 2 Proper categorisation of the offences for sentencing purposes
  3. 3 Appropriate sentence for multiple incidents of rape and indecent assault against a child

Ratio Decidendi

The original sentence of 9 years was unduly lenient given the frequency and duration of the rapes, the severe and ongoing psychological harm, and the additional trauma caused by pregnancy. The proper sentence reflecting the totality of criminality and aggravating features is 16 years' imprisonment on each lead count, concurrent.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Sentences of 9 years on counts 4 and 7 quashed
  • Sentences of 16 years on each of counts 4 and 7 substituted, concurrent