Mooney, R v [2010] EWCA Crim 698 (04 March 2010)

Mooney, R v [2010] EWCA Crim 698 (04 March 2010)

Exceptional circumstances, including consensual conduct, absence of predatory behaviour, and the attitude of the complainant and her family, justify a more radical departure from sentencing guidelines; a 12-month detention and training order is sufficient.

Citation
[2010] EWCA Crim 698
Parties
Prosecution: Regina; Appellant: Jason David Robert Mooney
Jurisdiction
England and Wales
Judgment Date
04 March 2010
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Rape of a Child Under 13, Sentencing Guidelines, Mitigation, Consent, Age Disparity
Criminal Law Rape of a Child Under 13 Sentencing Guidelines Mitigation Consent Age Disparity

Case Brief

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Parties

Regina

Prosecution

Jason David Robert Mooney

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Appropriateness of custodial sentence for consensual sexual intercourse between 17-year-old and 12-year-old
  2. 2 Extent of departure from sentencing guidelines given exceptional circumstances

Ratio Decidendi

Exceptional circumstances, including consensual conduct, absence of predatory behaviour, and the attitude of the complainant and her family, justify a more radical departure from sentencing guidelines; a 12-month detention and training order is sufficient.

Court Disposition

appeal allowed

Orders

  • sentence quashed
  • 12 months' detention and training order substituted