AHA, Re [2023] EWCA Crim 1001 (28 July 2023)

AHA, Re [2023] EWCA Crim 1001 (28 July 2023)

The sentencing judge erred by giving excessive weight to modest mitigating factors and insufficient weight to significant aggravating factors, resulting in a sentence below the guideline range for a category 2B rape. The judge also failed to reflect the separate offence of assault by penetration in the sentence for rape. The sentence imposed was unduly lenient and required upward adjustment to reflect the seriousness of the offending and the applicable guidelines.

Citation
[2023] EWCA Crim 1001
Parties
Applicant: His Majesty's Solicitor General; Respondent: AHA
Jurisdiction
England and Wales
Judgment Date
28 July 2023
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, Assault by Penetration, Sentencing, Unduly Lenient Sentence, Sentencing Guidelines
Criminal Law Rape Assault by Penetration Sentencing Unduly Lenient Sentence Sentencing Guidelines

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Parties

His Majesty's Solicitor General

Applicant

AHA

Respondent

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 sentence imposed for rape and assault by penetration was unduly lenient under section 36 of the Criminal Justice Act 1988
  2. 2 Whether the sentencing judge erred in balancing aggravating and mitigating factors and in departing from the Sentencing Council Guideline

Ratio Decidendi

The sentencing judge erred by giving excessive weight to modest mitigating factors and insufficient weight to significant aggravating factors, resulting in a sentence below the guideline range for a category 2B rape. The judge also failed to reflect the separate offence of assault by penetration in the sentence for rape. The sentence imposed was unduly lenient and required upward adjustment to reflect the seriousness of the offending and the applicable guidelines.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Leave granted to His Majesty's Solicitor General to bring the application.
  • Sentence of four years, 10 months' custody for rape quashed.