Zaheerl, R. v [2018] EWCA Crim 1708 (06 July 2018)

Zaheerl, R. v [2018] EWCA Crim 1708 (06 July 2018)

The reduction from the notional sentence for a completed rape to reflect the attempt was excessive in this case, given the proximity to completion, aggravating features, and impact on the victim. The original sentence was unduly lenient and a sentence of 5 years and 6 months' imprisonment was the minimum appropriate.

Citation
[2018] EWCA Crim 1708
Parties
Applicant: Attorney General; Offender/respondent: Javed Zaheer
Jurisdiction
England and Wales
Judgment Date
06 July 2018
Procedural Posture
Criminal Appeal (reference by Attorney General) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed. Sentence quashed and substituted.
Legal Topics
Sentencing, Attempted Rape, Unduly Lenient Sentence, Sexual Offences
Criminal Law Sentencing Attempted Rape Unduly Lenient Sentence Sexual Offences

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Parties

Attorney General

Applicant

Javed Zaheer

Offender/respondent

Procedural Posture

Criminal Appeal (reference by Attorney General) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for attempted rape was unduly lenient
  2. 2 Proper categorisation under the Sentencing Guidelines for Sexual Offences
  3. 3 Appropriate reduction for attempt versus completed offence

Ratio Decidendi

The reduction from the notional sentence for a completed rape to reflect the attempt was excessive in this case, given the proximity to completion, aggravating features, and impact on the victim. The original sentence was unduly lenient and a sentence of 5 years and 6 months' imprisonment was the minimum appropriate.

Court Disposition

Appeal allowed. Sentence quashed and substituted.

Orders

  • Original sentence of 3 years 9 months' imprisonment quashed.
  • Substituted sentence of 5 years 6 months' imprisonment imposed.