Bai, R. v [2022] EWCA Crim 805 (24 May 2022)
The sentencing judge did not err in law or principle, gave proper consideration to all relevant mitigating and aggravating factors, and followed the applicable Sentencing Guidelines. The offence was so serious that only a custodial sentence was appropriate, and the sentence imposed was not manifestly excessive.
- Citation
- [2022] EWCA Crim 805
- Parties
- Applicant: BAI; Respondent: Regina (The Crown)
- Jurisdiction
- England and Wales
- Judgment Date
- 24 May 2022
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Rape of a Child Under 13, Sentencing of Children and Young Persons, Sexual Offences Act 2003, Youth Justice and Criminal Evidence Act 1999, Sentencing Guidelines
Case Brief
Summary, issues, holding and outcome
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Parties
BAI
Applicant
Regina (The Crown)
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the custodial sentence imposed on a 14-year-old for rape of a child under 13 was appropriate
- 2 Whether the sentencing judge failed to give adequate weight to mitigating factors
- 3 Whether the sentencing judge made unjustified findings of fact
Ratio Decidendi
The sentencing judge did not err in law or principle, gave proper consideration to all relevant mitigating and aggravating factors, and followed the applicable Sentencing Guidelines. The offence was so serious that only a custodial sentence was appropriate, and the sentence imposed was not manifestly excessive.
Court Disposition
appeal dismissed
Orders
- Permission to appeal granted
- Appeal against sentence dismissed
Full Case Text
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