R v Mark Winterburn
The offence did not meet the threshold for category 1 harm as neither factor nor their combination was extreme; therefore, the correct categorisation was 2B, warranting a lower custodial sentence.
- Parties
- Prosecutor: Rex; Appellant: Mark Winterburn
- Jurisdiction
- England and Wales
- Judgment Date
- 21 November 2024
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Sentencing, Extended Determinate Sentence, Sentencing Council Guidelines
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 6
Parties
Rex
Prosecutor
Mark Winterburn
Appellant
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the offence should be classified as category 1B or 2B under Sentencing Council Guidelines for rape
- 2 Whether the sentence imposed was appropriate given aggravating factors
Ratio Decidendi
The offence did not meet the threshold for category 1 harm as neither factor nor their combination was extreme; therefore, the correct categorisation was 2B, warranting a lower custodial sentence.
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 5 years extended licence period.
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