Michael James Young v R

Michael James Young v R

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 discount was 10 years, reduced to 8 years after discount. The judge was entitled to find the appellant dangerous and impose an extended sentence, but the total sentence should be reduced to 15 years (8 years custody, 7 years extended licence).

Parties
Appellant: Michael James Young; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
16 November 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence reduced
Legal Topics
Sentencing, Sexual Offences, Attempted Rape, Dangerousness, Extended Sentence
Criminal Law Sentencing Sexual Offences Attempted Rape Dangerousness Extended Sentence

Case Brief

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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 judge erred in categorising the harm level under the sentencing guidelines
  3. 3 Whether sufficient allowance was made for the offence being an attempt rather than a completed rape

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 discount was 10 years, reduced to 8 years after discount. The judge was entitled to find the appellant dangerous and impose an extended sentence, but the total sentence should be reduced to 15 years (8 years custody, 7 years extended licence).

Court Disposition

appeal allowed; sentence reduced

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 will run concurrently