Attorney General's Reference No. 86 OF 2005 [2005] EWCA Crim 3637 (21 December 2005)

Attorney General's Reference No. 86 OF 2005 [2005] EWCA Crim 3637 (21 December 2005)

The original community rehabilitation order was unduly lenient given the seriousness of the offence, the vulnerability of the victim, and the lack of effective community treatment options; a custodial sentence of at least 5 years was warranted.

Source-derived case information.

Citation
[2005] EWCA Crim 3637
Parties
Applicant: Attorney General; Offender: Christopher James Smith
Jurisdiction
England and Wales
Judgment Date
21 December 2005
Procedural Posture
Attorney General's Reference Under S.36 Criminal Justice Act 1988 / Appeal Against Sentence
Outcome
Order quashed; extended sentence of 5 years imposed, with a custodial term of 3.5 years and an extended licence period of 18 months.
Legal Topics
Sentencing, Sexual Offences, Unduly Lenient Sentence, Child Protection
Criminal Law Sentencing Sexual Offences Unduly Lenient Sentence Child Protection

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Parties

Attorney General

Applicant

Christopher James Smith

Offender

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient
  2. 2 Appropriate sentencing for attempted rape of a child under 13

Ratio Decidendi

The original community rehabilitation order was unduly lenient given the seriousness of the offence, the vulnerability of the victim, and the lack of effective community treatment options; a custodial sentence of at least 5 years was warranted.

Court Disposition

Order quashed; extended sentence of 5 years imposed, with a custodial term of 3.5 years and an extended licence period of 18 months.

Orders

  • Offender to surrender by noon tomorrow
  • Disqualified from working with children