Attorney General's Reference No. 77 of 2010 [2011] EWCA Crim 636 (02 March 2011)

Attorney General's Reference No. 77 of 2010 [2011] EWCA Crim 636 (02 March 2011)

The sentence of two years' detention was unduly lenient because the fact that the victim was asleep did not mitigate the seriousness of the rape, and the breach of trust and risk of pregnancy increased the gravity of the offence. The appropriate sentence was five years' imprisonment.

Citation
[2011] EWCA Crim 636
Parties
Applicant: Her Majesty's Attorney General; Offender: Mitchell Moir
Jurisdiction
England and Wales
Judgment Date
02 March 2011
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased
Legal Topics
Rape, Sentencing, Unduly Lenient Sentences, Sexual Offences
Criminal Law Rape Sentencing Unduly Lenient Sentences Sexual Offences

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Parties

Her Majesty's Attorney General

Applicant

Mitchell Moir

Offender

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for rape was unduly lenient
  2. 2 Whether the fact that the victim was asleep constitutes mitigation
  3. 3 Appropriate sentence for rape where the victim is asleep and unaware

Ratio Decidendi

The sentence of two years' detention was unduly lenient because the fact that the victim was asleep did not mitigate the seriousness of the rape, and the breach of trust and risk of pregnancy increased the gravity of the offence. The appropriate sentence was five years' imprisonment.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Original sentence of two years' detention quashed
  • Substituted sentence of five years' imprisonment imposed