Attorney General's Reference No 21 & 22 Of 2009

Attorney General's Reference No 21 & 22 Of 2009

The sentences of five years' detention were unduly lenient given the aggravating features and the sentencing guidelines; appropriate sentence after trial would have been 11 years, reduced to seven years for guilty pleas and mitigating factors.

Parties
Applicant: Attorney General; Respondent: Ali; Respondent: Madi
Jurisdiction
England and Wales
Judgment Date
06 August 2009
Procedural Posture
Criminal Reference / Appeal
Outcome
sentences increased
Legal Topics
Sentencing, Rape, Young Offender, Unduly Lenient Sentence

Case Brief

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Parties

Attorney General

Applicant

Ali

Respondent

Madi

Respondent

Procedural Posture

Criminal Reference / Appeal

  1. 1 Whether the sentences imposed for rape were unduly lenient
  2. 2 Appropriate sentencing range for young offenders convicted of rape

Ratio Decidendi

The sentences of five years' detention were unduly lenient given the aggravating features and the sentencing guidelines; appropriate sentence after trial would have been 11 years, reduced to seven years for guilty pleas and mitigating factors.

Court Disposition

sentences increased

Orders

  • Sentences of five years substituted with seven years' detention in a young offender institution for each respondent
  • Ali disqualified from working with children for life under section 28 of the Criminal Justice and Court Services Act 2000