BAB, R. v [2024] EWCA Crim 712 (10 May 2024)

BAB, R. v [2024] EWCA Crim 712 (10 May 2024)

The original sentence was unduly lenient because the recorder failed to give proper weight to the victim's vulnerability, the imbalance of power, the psychological harm, and other aggravating features, and gave excessive weight to mitigating factors. The appropriate sentence, considering all circumstances, is eight years' imprisonment.

Citation
[2024] EWCA Crim 712
Parties
Applicant: His Majesty's Attorney General; Offender: BAB
Jurisdiction
England and Wales
Judgment Date
10 May 2024
Procedural Posture
Criminal Appeal Reference Under S.36 Criminal Justice Act 1988 / Appeal Against Sentence (unduly Lenient Sentence Reference)
Outcome
Appeal allowed; sentence increased
Legal Topics
Rape, Sentencing, Unduly Lenient Sentence, Vulnerability of Victim, Aggravating and Mitigating Factors
Criminal Law Rape Sentencing Unduly Lenient Sentence Vulnerability of Victim Aggravating and Mitigating Factors

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 4 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

His Majesty's Attorney General

Applicant

BAB

Offender

Procedural Posture

Criminal Appeal Reference Under S.36 Criminal Justice Act 1988 / Appeal Against Sentence (unduly Lenient Sentence Reference)

Legal Issues

  1. 1 Whether the original sentence for rape was unduly lenient
  2. 2 Proper categorisation of harm and culpability under Sentencing Council guidelines
  3. 3 Appropriate weight to aggravating and mitigating factors

Ratio Decidendi

The original sentence was unduly lenient because the recorder failed to give proper weight to the victim's vulnerability, the imbalance of power, the psychological harm, and other aggravating features, and gave excessive weight to mitigating factors. The appropriate sentence, considering all circumstances, is eight years' imprisonment.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Leave granted to refer sentence as unduly lenient
  • Original sentence of four and a half years quashed