AZ, Re

AZ, Re

The sentence imposed was unduly lenient as it did not adequately reflect the overall criminality, particularly the extreme harm to EM due to her age, the aggravating factors, and the seriousness of the offences against RO. The proper custodial term after trial should have been 22 years; with credit for guilty pleas, 14 years and eight months. The sentence on Count 1 is quashed and substituted with an extended determinate sentence of 19 years and eight months (custodial term 14 years and eight months, extended licence five years). The sentence for Count 3 is increased to 54 months, running concurrently.

Parties
Applicant: Her Majesty's Solicitor General; Respondent: AZ
Jurisdiction
England and Wales
Judgment Date
23 February 2022
Procedural Posture
Criminal Appeal / Reference Under S.36 Criminal Justice Act 1988 for Review of Sentence
Outcome
sentence quashed and substituted
Legal Topics
Sentencing, Sexual Offences, Child Protection, Unduly Lenient Sentence
Criminal Law Sentencing Sexual Offences Child Protection Unduly Lenient Sentence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 5 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Her Majesty's Solicitor General

Applicant

AZ

Respondent

Procedural Posture

Criminal Appeal / Reference Under S.36 Criminal Justice Act 1988 for Review of Sentence

Legal Issues

  1. 1 Whether the sentence imposed on AZ was unduly lenient
  2. 2 Proper categorisation of harm and culpability for rape and sexual assault of children
  3. 3 Appropriate uplift for aggravating factors and totality of offending

Ratio Decidendi

The sentence imposed was unduly lenient as it did not adequately reflect the overall criminality, particularly the extreme harm to EM due to her age, the aggravating factors, and the seriousness of the offences against RO. The proper custodial term after trial should have been 22 years; with credit for guilty pleas, 14 years and eight months. The sentence on Count 1 is quashed and substituted with an extended determinate sentence of 19 years and eight months (custodial term 14 years and eight months, extended licence five years). The sentence for Count 3 is increased to 54 months, running concurrently.

Court Disposition

sentence quashed and substituted

Orders

  • Leave granted to refer under s.36 Criminal Justice Act 1988
  • Sentence on Count 1 quashed; substituted with extended determinate sentence of 19 years and eight months (custodial term 14 years and eight months, extended licence five years)