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
Legal Issues
- 1 Whether the sentences imposed for rape were unduly lenient
- 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
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