Attorney General's Reference No. 77 of 2010

Attorney General's Reference No. 77 of 2010

The sentence of two years' detention was unduly lenient because the fact that the victim was asleep did not mitigate the seriousness of the rape, and the circumstances, including breach of trust and risk of pregnancy, warranted a higher sentence. The appropriate sentence was five years' imprisonment.

Parties
Applicant: Attorney General; Respondent/offender: Mitchell Moir
Jurisdiction
England and Wales
Judgment Date
02 March 2011
Procedural Posture
Criminal Appeal (attorney General's Reference) / Sentence Review Under Section 36 of the Criminal Justice Act 1988
Outcome
Sentence increased on Attorney General's Reference
Legal Topics
Rape, Sentencing, Mitigation, Unduly Lenient Sentences
Criminal Law Rape Sentencing Mitigation Unduly Lenient Sentences

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Parties

Attorney General

Applicant

Mitchell Moir

Respondent/offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Sentence Review 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 fact that the victim was asleep constituted mitigation
  3. 3 Whether the victim's reaction (anger rather than distress) constituted mitigation

Ratio Decidendi

The sentence of two years' detention was unduly lenient because the fact that the victim was asleep did not mitigate the seriousness of the rape, and the circumstances, including breach of trust and risk of pregnancy, warranted a higher sentence. The appropriate sentence was five years' imprisonment.

Court Disposition

Sentence increased on Attorney General's Reference

Orders

  • Original sentence of two years' detention quashed
  • Substituted sentence of five years' imprisonment imposed