R v BAB

R v BAB

The sentencing judge failed to give proper weight to the victim's vulnerability, the imbalance of power, the psychological harm, and other aggravating features. The mitigating factors were overvalued. The sentence of four and a half years was unduly lenient and outside the range of proper judicial discretion. The appropriate sentence is eight years' imprisonment.

Parties
Applicant: His Majesty's Attorney General; Offender: BAB
Jurisdiction
England and Wales
Judgment Date
25 June 2024
Procedural Posture
Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988; Appeal Against Sentence
Outcome
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

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Parties

His Majesty's Attorney General

Applicant

BAB

Offender

Procedural Posture

Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988; Appeal Against Sentence

Legal Issues

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

Ratio Decidendi

The sentencing judge failed to give proper weight to the victim's vulnerability, the imbalance of power, the psychological harm, and other aggravating features. The mitigating factors were overvalued. The sentence of four and a half years was unduly lenient and outside the range of proper judicial discretion. The appropriate sentence is eight years' imprisonment.

Court Disposition

sentence increased

Orders

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