C, R. v [2022] EWCA Crim 614 (28 April 2022)

C, R. v [2022] EWCA Crim 614 (28 April 2022)

Although the offending was of sufficient severity to justify a sentence above the guideline range, the sentence of 25 years exceeded what was just and proportionate in all the circumstances; a sentence of 21 years is appropriate.

Citation
[2022] EWCA Crim 614
Parties
Respondent: Regina; Appellant: C
Jurisdiction
England and Wales
Judgment Date
28 April 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Rape, Sentencing, Totality Principle, Sexual Offences
Criminal Law Rape Sentencing Totality Principle Sexual Offences

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Parties

Regina

Respondent

C

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 25 years' imprisonment for repeated rape was excessive and outside the Sentencing Guidelines
  2. 2 Whether the sentencing judge failed to adhere to the Totality Guideline for multiple offending

Ratio Decidendi

Although the offending was of sufficient severity to justify a sentence above the guideline range, the sentence of 25 years exceeded what was just and proportionate in all the circumstances; a sentence of 21 years is appropriate.

Court Disposition

appeal allowed in part

Orders

  • sentence reduced from 25 years to 21 years' imprisonment