Davies, R. v

Davies, R. v

The sentence imposed was excessive as the offence did not warrant placement in the higher bracket per the Sentencing Guidelines Council's guidance. After considering aggravating and mitigating factors, the correct sentence after trial would be six years, reduced to four years for early guilty plea.

Parties
Appellant: Kevin Davies; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
22 January 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Rape, Sentencing, Mitigation, Aggravating Factors
Criminal Law Rape Sentencing Mitigation Aggravating Factors

Case Brief

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Parties

Kevin Davies

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for rape was excessive given the aggravating and mitigating factors
  2. 2 Whether the Sentencing Guidelines Council's guidance was properly applied

Ratio Decidendi

The sentence imposed was excessive as the offence did not warrant placement in the higher bracket per the Sentencing Guidelines Council's guidance. After considering aggravating and mitigating factors, the correct sentence after trial would be six years, reduced to four years for early guilty plea.

Court Disposition

appeal allowed

Orders

  • sentence reduced to four years' imprisonment