R v Sam McGregor

R v Sam McGregor

The trial judge made an error in categorising harm as category 3 rather than category 2, as the victim's unconsciousness due to intoxication rendered her particularly vulnerable. The correct starting point for sentencing is 8 years, adjusted to 7 years for the specific circumstances, and further reduced to 6 years and 6 months for mitigating factors.

Parties
Applicant: His Majesty's Solicitor General; Respondent: Sam McGregor
Jurisdiction
England and Wales
Judgment Date
27 February 2026
Procedural Posture
Criminal / Sentence Review on Attorney General's Reference Under S.36 Criminal Justice Act 1988
Outcome
sentence increased
Legal Topics
Rape, Sentencing Guidelines, Vulnerability, Mitigating and Aggravating Factors
Criminal Law Rape Sentencing Guidelines Vulnerability Mitigating and Aggravating Factors

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Parties

His Majesty's Solicitor General

Applicant

Sam McGregor

Respondent

Procedural Posture

Criminal / Sentence Review on Attorney General's Reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Was the original sentence for rape unduly lenient?
  2. 2 Did the trial judge err in categorising harm under the sentencing guidelines?

Ratio Decidendi

The trial judge made an error in categorising harm as category 3 rather than category 2, as the victim's unconsciousness due to intoxication rendered her particularly vulnerable. The correct starting point for sentencing is 8 years, adjusted to 7 years for the specific circumstances, and further reduced to 6 years and 6 months for mitigating factors.

Court Disposition

sentence increased

Orders

  • Original sentence quashed
  • New sentence of 6 years and 6 months' imprisonment imposed