Lambert v Rex [2025] EWCA Crim 137 (04 February 2025)

Lambert v Rex [2025] EWCA Crim 137 (04 February 2025)

The notional single sentences imposed were too high and the overall custodial term of 18 years was manifestly excessive; a just and proportionate sentence, applying the totality principle and considering mitigation, is 14 years' imprisonment with an extended licence period of four years.

Citation
[2025] EWCA Crim 137
Parties
Appellant: Gareth Lambert; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
04 February 2025
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentences on counts 1 and 2 quashed and substituted.
Legal Topics
Sentencing, Sexual Offences, Appeal Procedure, Totality Principle
Criminal Law Sentencing Sexual Offences Appeal Procedure Totality Principle

Case Brief

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Parties

Gareth Lambert

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for rape and sexual assault were manifestly excessive
  2. 2 Whether the judge erred in applying the Sentencing Council Guidelines and the totality principle

Ratio Decidendi

The notional single sentences imposed were too high and the overall custodial term of 18 years was manifestly excessive; a just and proportionate sentence, applying the totality principle and considering mitigation, is 14 years' imprisonment with an extended licence period of four years.

Court Disposition

Appeal allowed; sentences on counts 1 and 2 quashed and substituted.

Orders

  • On count 1, sentence substituted to six years and six months' imprisonment with an extended licence period of two years.
  • On count 2, sentence substituted to seven years and six months' imprisonment with an extended licence period of two years, to run consecutively to count 1.