Winterburn, R. v [2024] EWCA Crim 520 (01 May 2024)
The offence should have been categorised as category 2B, not 1B, as neither the uninvited entry nor the victim's vulnerability due to intoxication were extreme, nor was their combination's impact extreme; thus, the sentence must be reduced to reflect the correct category.
- Citation
- [2024] EWCA Crim 520
- Parties
- Prosecution: Rex; Appellant: Mark Winterburn
- Jurisdiction
- England and Wales
- Judgment Date
- 01 May 2024
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed
- Legal Topics
- Rape, Sentencing, Extended Determinate Sentence, Sentencing Council Guidelines
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Mark Winterburn
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentencing judge erred in categorising the offence as category 1B rather than category 2B under the Sentencing Council Guidelines for rape
Ratio Decidendi
The offence should have been categorised as category 2B, not 1B, as neither the uninvited entry nor the victim's vulnerability due to intoxication were extreme, nor was their combination's impact extreme; thus, the sentence must be reduced to reflect the correct category.
Court Disposition
appeal allowed
Orders
- Quash the extended determinate sentence of 19 years.
- Substitute an extended determinate sentence of 14 years, comprising 9 years' custody and an extended licence period of 5 years.
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