REX v MARK MAKERI

REX v MARK MAKERI

The sentencing judge erred in classifying the victim as 'particularly vulnerable due to personal circumstances' without sufficient evidential basis; the offence should have been sentenced as Category 3B, resulting in a reduced sentence.

Parties
Respondent: Rex; Appellant: Mark Makeri
Jurisdiction
England and Wales
Judgment Date
15 September 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Rape, Sentencing, Vulnerability, Appeal
Criminal Law Rape Sentencing Vulnerability Appeal

Case Brief

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Parties

Rex

Respondent

Mark Makeri

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge correctly classified the victim as 'particularly vulnerable due to personal circumstances' under the sentencing guidelines
  2. 2 Whether the offence should have been classified as Category 2B or Category 3B for sentencing purposes

Ratio Decidendi

The sentencing judge erred in classifying the victim as 'particularly vulnerable due to personal circumstances' without sufficient evidential basis; the offence should have been sentenced as Category 3B, resulting in a reduced sentence.

Court Disposition

appeal allowed

Orders

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