Ross, R v [2009] EWCA Crim 2610 (26 November 2009)

Ross, R v [2009] EWCA Crim 2610 (26 November 2009)

The original concurrent sentences of ten years were unduly lenient given the extreme aggravating factors, catastrophic injuries, and the offender's dangerousness. A sentence of imprisonment for public protection with a minimum term of nine years (equivalent to an 18-year determinate sentence) is the least possible sentence consistent with public safety.

Citation
[2009] EWCA Crim 2610
Parties
Applicant: Attorney General; Offender/respondent: Steven Ross
Jurisdiction
England and Wales
Judgment Date
26 November 2009
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 Criminal Justice Act 1988
Outcome
Appeal allowed; original sentence quashed as unduly lenient; sentence of imprisonment for public protection imposed with a minimum term of nine years.
Legal Topics
Unduly Lenient Sentences, Rape, Assault by Penetration, Grievous Bodily Harm, Sentencing, Imprisonment for Public Protection
Criminal Law Unduly Lenient Sentences Rape Assault by Penetration Grievous Bodily Harm Sentencing Imprisonment for Public Protection

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Parties

Attorney General

Applicant

Steven Ross

Offender/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the original sentence imposed on Steven Ross was unduly lenient
  2. 2 Appropriate sentence for offences of rape, assault by penetration, and inflicting grievous bodily harm in the context of extreme aggravating factors

Ratio Decidendi

The original concurrent sentences of ten years were unduly lenient given the extreme aggravating factors, catastrophic injuries, and the offender's dangerousness. A sentence of imprisonment for public protection with a minimum term of nine years (equivalent to an 18-year determinate sentence) is the least possible sentence consistent with public safety.

Court Disposition

Appeal allowed; original sentence quashed as unduly lenient; sentence of imprisonment for public protection imposed with a minimum term of nine years.

Orders

  • Imprisonment for public protection ordered under Criminal Justice Act 2003.
  • Minimum term before parole eligibility set at nine years.