R v Keith Edun
The sentence imposed was unduly lenient because the rape of a two-week-old baby warranted Category 1A harm, not Category 2A, and the overall criminality including perverting the course of justice required an upward adjustment. The correct starting point for count 2 was 16 years, adjusted to at least 18 years for totality, reduced by 10% for late guilty plea, resulting in a substituted extended sentence.
- Parties
- Prosecution: Rex; Defendant: Keith Edun
- Jurisdiction
- England and Wales
- Judgment Date
- 17 June 2025
- Procedural Posture
- Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988
- Outcome
- sentence on count 2 quashed and substituted
- Legal Topics
- Sentencing, Sexual Offences, Inchoate Offences, Perverting the Course of Justice
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Keith Edun
Defendant
Procedural Posture
Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988
Legal Issues
- 1 Whether the sentence imposed for intentionally encouraging or assisting the rape of a child was unduly lenient
- 2 Proper categorisation of harm and culpability for sentencing purposes
- 3 Appropriate adjustment for inchoate nature of section 44 offence
Ratio Decidendi
The sentence imposed was unduly lenient because the rape of a two-week-old baby warranted Category 1A harm, not Category 2A, and the overall criminality including perverting the course of justice required an upward adjustment. The correct starting point for count 2 was 16 years, adjusted to at least 18 years for totality, reduced by 10% for late guilty plea, resulting in a substituted extended sentence.
Court Disposition
sentence on count 2 quashed and substituted
Orders
- Substituted extended sentence: 16 years and two months custodial term and eight years' extended licence, total 24 years and two months
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