Attorney General's Reference No 21 & 22 Of 2009 [2009] EWCA Crim 1949 (06 August 2009)

Attorney General's Reference No 21 & 22 Of 2009 [2009] EWCA Crim 1949 (06 August 2009)

The original sentences of five years were unduly lenient given the multiple aggravating features and the appropriate guideline range; the correct sentence after trial would have been 11 years, reduced to seven years for guilty pleas and mitigation.

Source-derived case information.

Citation
[2009] EWCA Crim 1949
Parties
Applicant: Attorney General; First Offender: Ali; Second Offender: Madi
Jurisdiction
England and Wales
Judgment Date
06 August 2009
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentences increased
Legal Topics
Sentencing, Rape, Unduly Lenient Sentences, Young Offenders
Criminal Law Sentencing Rape Unduly Lenient Sentences Young Offenders

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Parties

Attorney General

Applicant

Ali

First Offender

Madi

Second Offender

Procedural Posture

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

Legal Issues

  1. 1 Whether sentences of five years' detention for rape were unduly lenient
  2. 2 Appropriate categorisation under Sentencing Guidelines for rape
  3. 3 Consideration of aggravating and mitigating factors in sentencing

Ratio Decidendi

The original sentences of five years were unduly lenient given the multiple aggravating features and the appropriate guideline range; the correct sentence after trial would have been 11 years, reduced to seven years for guilty pleas and mitigation.

Court Disposition

Appeal allowed; sentences increased

Orders

  • Sentences of five years quashed and replaced with seven years' detention in a young offender institution for each offender.
  • Ali disqualified from working with children for life under s.28 Criminal Justice and Court Services Act 2000.