Heeney, R v

Heeney, R v

The sentence of two years' imprisonment was unduly lenient given the aggravating features: unlawful entry at night into the home of a lone woman, immediate sexual assault causing significant injury, and the psychological impact on the victim. The circumstances made the offence more serious than a straightforward...

Source-derived case information.

Parties
Applicant: Her Majesty's Solicitor General; Respondent: Mark Heeney
Jurisdiction
England and Wales
Judgment Date
05 June 2009
Procedural Posture
Criminal Appeal (attorney General's Reference) / Sentence Review Under Section 36 of the Criminal Justice Act 1988
Outcome
Sentence increased on reference; original sentence quashed and four years' imprisonment substituted.
Legal Topics
Sexual Offences, Sentencing, Attorney General's Reference, Unduly Lenient Sentences
Criminal Law Sexual Offences Sentencing Attorney General's Reference Unduly Lenient Sentences

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Parties

Her Majesty's Solicitor General

Applicant

Mark Heeney

Respondent

Procedural Posture

Criminal Appeal (attorney General's Reference) / Sentence Review Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence of two years' imprisonment for sexual assault was unduly lenient
  2. 2 Proper application of sentencing guidelines for sexual assault with aggravating features

Ratio Decidendi

The sentence of two years' imprisonment was unduly lenient given the aggravating features: unlawful entry at night into the home of a lone woman, immediate sexual assault causing significant injury, and the psychological impact on the victim. The circumstances made the offence more serious than a straightforward sexual assault, justifying a higher sentence within the appropriate guideline range.

Court Disposition

Sentence increased on reference; original sentence quashed and four years' imprisonment substituted.

Orders

  • Offender to surrender to Ashton Police Station by midday on Monday 8 June 2009.
  • Offender to receive credit for time already served in custody.