R v Samuel Anthony Moulder

R v Samuel Anthony Moulder

The sentencing judge erred by taking a starting point below the guideline range for the second rape, which was a category 2A offence. The correct starting point should have been 10 years, and after considering aggravating and mitigating factors, delay, and totality, the sentence for the second rape should be increased from 8 years to 12 years, with the first rape remaining at 5 years concurrent.

Parties
Applicant: Attorney General; Respondent: Samuel Anthony Moulder
Jurisdiction
England and Wales
Judgment Date
18 January 2023
Procedural Posture
Criminal Appeal / Reference for Review of Sentence
Outcome
Reference allowed; sentence increased
Legal Topics
Rape, Sentencing, Unduly Lenient Sentence, Totality, Aggravating and Mitigating Factors
Criminal Law Rape Sentencing Unduly Lenient Sentence Totality Aggravating and Mitigating Factors

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Parties

Attorney General

Applicant

Samuel Anthony Moulder

Respondent

Procedural Posture

Criminal Appeal / Reference for Review of Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the offences under the Sentencing Council Guidelines
  2. 2 Whether the sentence imposed was unduly lenient
  3. 3 Whether aggravating and mitigating factors were properly considered

Ratio Decidendi

The sentencing judge erred by taking a starting point below the guideline range for the second rape, which was a category 2A offence. The correct starting point should have been 10 years, and after considering aggravating and mitigating factors, delay, and totality, the sentence for the second rape should be increased from 8 years to 12 years, with the first rape remaining at 5 years concurrent.

Court Disposition

Reference allowed; sentence increased

Orders

  • Sentence for second rape increased from 8 years to 12 years' imprisonment
  • Sentence for first rape remains at 5 years concurrent with second rape