Attorney Generals Reference No. 120 of 2009

Attorney Generals Reference No. 120 of 2009

The original sentence was unduly lenient due to misdirection regarding the victim's intoxication; a custodial sentence was warranted given the aggravating circumstances.

Parties
Applicant: Her Majesty's Attorney General; Respondent: Kenneth Wright
Jurisdiction
England and Wales
Judgment Date
10 March 2010
Procedural Posture
Criminal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988
Outcome
Community Order quashed; 18 months imprisonment substituted.
Legal Topics
Sentencing, Sexual Offences, Unduly Lenient Sentence, Abuse of Trust, Consent
Criminal Law Sentencing Sexual Offences Unduly Lenient Sentence Abuse of Trust Consent

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Parties

Her Majesty's Attorney General

Applicant

Kenneth Wright

Respondent

Procedural Posture

Criminal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original sentence imposed was unduly lenient
  2. 2 Appropriate sentencing for digital penetration contrary to section 2 of the Sexual Offences Act 2003
  3. 3 Impact of victim's vulnerability and intoxication on sentencing

Ratio Decidendi

The original sentence was unduly lenient due to misdirection regarding the victim's intoxication; a custodial sentence was warranted given the aggravating circumstances.

Court Disposition

Community Order quashed; 18 months imprisonment substituted.

Orders

  • Offender to surrender to Southmead Police Station in Bristol by 4pm today.
  • Notification requirements under section 80 of the Sexual Offences Act 2003 to apply for ten years.