Attorney General's Reference No 80 of 2006

Attorney General's Reference No 80 of 2006

The Recorder was entitled, on the evidence before him, to conclude that the victim was not so vulnerable as to require a higher starting point for sentence, and to give full credit for the guilty plea. The sentence, though lenient, was not unduly lenient.

Parties
Applicant: Attorney General; Offender/respondent: Nigel Frowen
Jurisdiction
England and Wales
Judgment Date
06 October 2006
Procedural Posture
Criminal Reference / Appeal Against Sentence (attorney General's Reference Under Section 36 of the Criminal Justice Act 1988)
Outcome
Reference dismissed; sentence not increased.
Legal Topics
Rape, Sentencing, Aggravating and Mitigating Factors, Vulnerability of Victim, Reduction for Guilty Plea
Criminal Law Rape Sentencing Aggravating and Mitigating Factors Vulnerability of Victim Reduction for Guilty Plea

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Parties

Attorney General

Applicant

Nigel Frowen

Offender/respondent

Procedural Posture

Criminal Reference / Appeal Against Sentence (attorney General's Reference Under Section 36 of the Criminal Justice Act 1988)

Legal Issues

  1. 1 Whether the sentence imposed for rape was unduly lenient
  2. 2 Whether the victim's vulnerability warranted a higher starting point for sentence
  3. 3 Whether full credit for a guilty plea was appropriate

Ratio Decidendi

The Recorder was entitled, on the evidence before him, to conclude that the victim was not so vulnerable as to require a higher starting point for sentence, and to give full credit for the guilty plea. The sentence, though lenient, was not unduly lenient.

Court Disposition

Reference dismissed; sentence not increased.