Young, R. v [2024] EWCA Crim 251 (15 March 2024)

Young, R. v [2024] EWCA Crim 251 (15 March 2024)

The original sentence was manifestly excessive as the judge failed to make a sufficient downward adjustment for the offence being an attempt rather than a completed rape. The appropriate sentence before plea was 10 years, reduced to 8 years after a 20% guilty plea discount. The finding of dangerousness and...

Source-derived case information.

Citation
[2024] EWCA Crim 251
Parties
Appellant: Michael James Young; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
15 March 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence varied
Legal Topics
Sentencing, Attempted Rape, Dangerousness, Extended Sentence, Sexual Offences
Criminal Law Sentencing Attempted Rape Dangerousness Extended Sentence Sexual Offences

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Parties

Michael James Young

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence for attempted rape was manifestly excessive
  2. 2 Whether the offence was correctly categorised under the sentencing guidelines
  3. 3 Whether sufficient allowance was made for the offence being an attempt rather than a completed offence

Ratio Decidendi

The original sentence was manifestly excessive as the judge failed to make a sufficient downward adjustment for the offence being an attempt rather than a completed rape. The appropriate sentence before plea was 10 years, reduced to 8 years after a 20% guilty plea discount. The finding of dangerousness and imposition of an extended sentence was justified based on the appellant's history and risk assessment.

Court Disposition

appeal allowed; sentence varied

Orders

  • Quash the extended sentence of imprisonment of 17 years and substitute an extended sentence of imprisonment of 15 years comprising a custodial element of 8 years and an extended licence period of 7 years.
  • Other sentences remain unchanged and run concurrently.