Nightingale, R v

Nightingale, R v

The sentence was pitched too high as the aggravating feature of abuse of trust was not sufficiently serious to justify elevation to the higher category; the appropriate sentence is six-and-a-half years, reflecting a starting point of five years, increased for abuse of trust, and discounted for delay.

Parties
Prosecution: Regina; Applicant: Alan Nightingale
Jurisdiction
England and Wales
Judgment Date
19 January 2010
Procedural Posture
Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Rape, Sentencing Guidelines, Aggravating Factors, Abuse of Trust
Criminal Law Rape Sentencing Guidelines Aggravating Factors Abuse of Trust

Case Brief

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Parties

Regina

Prosecution

Alan Nightingale

Applicant

Procedural Posture

Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge correctly categorised the offence under the sentencing guidelines for rape
  2. 2 Whether the aggravating features justified a higher sentence

Ratio Decidendi

The sentence was pitched too high as the aggravating feature of abuse of trust was not sufficiently serious to justify elevation to the higher category; the appropriate sentence is six-and-a-half years, reflecting a starting point of five years, increased for abuse of trust, and discounted for delay.

Court Disposition

appeal allowed in part

Orders

  • sentence of eight-and-a-half years quashed
  • sentence of six-and-a-half years substituted