Attorney General's Reference No. 86 OF 2005

Attorney General's Reference No. 86 OF 2005

The original community order was unduly lenient given the seriousness of the offence, the age and vulnerability of the victim, and the lack of effective community-based treatment options. A custodial sentence of at least 5 years was warranted, with an extended sentence necessary for public protection and rehabilitation.

Parties
Applicant: Attorney General; Offender/respondent: Christopher James Smith
Jurisdiction
England and Wales
Judgment Date
21 December 2005
Procedural Posture
Criminal Reference / Sentence Review Under S.36 Criminal Justice Act 1988
Outcome
original sentence quashed; custodial sentence substituted
Legal Topics
Sentencing, Sexual Offences, Attempted Rape, Children, Unduly Lenient Sentence
Criminal Law Sentencing Sexual Offences Attempted Rape Children Unduly Lenient Sentence

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Parties

Attorney General

Applicant

Christopher James Smith

Offender/respondent

Procedural Posture

Criminal Reference / Sentence Review Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient for attempted rape of a child under 13
  2. 2 Appropriate sentence for an offender with mild mental retardation convicted of attempted rape of a child

Ratio Decidendi

The original community order was unduly lenient given the seriousness of the offence, the age and vulnerability of the victim, and the lack of effective community-based treatment options. A custodial sentence of at least 5 years was warranted, with an extended sentence necessary for public protection and rehabilitation.

Court Disposition

original sentence quashed; custodial sentence substituted

Orders

  • Order quashing the community rehabilitation order
  • Substitution of an extended sentence of 5 years (3.5 years custody, 18 months extended licence)