W & Anor, R. v [2018] EWCA Crim 1004 (25 January 2018)

W & Anor, R. v [2018] EWCA Crim 1004 (25 January 2018)

The original sentences of 5 years were unduly lenient given the gravity, frequency, and aggravating features of the offences. The proper starting point for adult offending should have been not less than 20 years, with a 50% reduction for youth and immaturity at the time, resulting in sentences of 10 years on each rape count.

Citation
[2018] EWCA Crim 1004
Parties
Applicant: Attorney General; Respondent/offender: [W]; Respondent/offender: [J]
Jurisdiction
England and Wales
Judgment Date
25 January 2018
Procedural Posture
Criminal Reference (unduly Lenient Sentence) / Court of Appeal Judgment on Attorney General's Reference Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentences increased
Legal Topics
Sentencing, Sexual Offences, Historic Offences, Children and Young Persons, Appeal Against Sentence
Criminal Law Sentencing Sexual Offences Historic Offences Children and Young Persons Appeal Against Sentence

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Parties

Attorney General

Applicant

[W]

Respondent/offender

[J]

Respondent/offender

Procedural Posture

Criminal Reference (unduly Lenient Sentence) / Court of Appeal Judgment on Attorney General's Reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentences imposed for multiple rapes and sexual offences against children were unduly lenient
  2. 2 Proper approach to sentencing historic sexual offences committed by young offenders now adults

Ratio Decidendi

The original sentences of 5 years were unduly lenient given the gravity, frequency, and aggravating features of the offences. The proper starting point for adult offending should have been not less than 20 years, with a 50% reduction for youth and immaturity at the time, resulting in sentences of 10 years on each rape count.

Court Disposition

Appeal allowed; sentences increased

Orders

  • Sentences of 5 years on rape counts quashed and substituted with 10 years on each count for [W] (counts 1-7) and [J] (counts 8, 10, 13, 14, 15)
  • Other sentences to remain unaffected