Makeri, R. v [2022] EWCA Crim 1299 (15 September 2022)

Makeri, R. v [2022] EWCA Crim 1299 (15 September 2022)

The sentencing judge erred in categorising the offence as Category 2B because there was insufficient evidence that the victim was 'particularly vulnerable due to personal circumstances' at the time of the offence. The correct categorisation was Category 3B, warranting a lower sentence.

Citation
[2022] EWCA Crim 1299
Parties
Prosecution: Rex; Appellant: Mark Makeri
Jurisdiction
England and Wales
Judgment Date
15 September 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence reduced
Legal Topics
Rape, Sentencing Guidelines, Vulnerability of Victim
Criminal Law Rape Sentencing Guidelines Vulnerability of Victim

Case Brief

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Parties

Rex

Prosecution

Mark Makeri

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the offence as Category 2B rather than Category 3B under the Sentencing Council guideline for rape
  2. 2 Whether the victim was 'particularly vulnerable due to personal circumstances' as required for Category 2 harm

Ratio Decidendi

The sentencing judge erred in categorising the offence as Category 2B because there was insufficient evidence that the victim was 'particularly vulnerable due to personal circumstances' at the time of the offence. The correct categorisation was Category 3B, warranting a lower sentence.

Court Disposition

appeal allowed; sentence reduced

Orders

  • Original sentence of seven years and six months' imprisonment quashed
  • Substituted sentence of five years' imprisonment