MJL, R. v

MJL, R. v

The sentence of 11 years' imprisonment for five offences of rape was justified, as the offences were correctly categorised on the borderline between categories 2 and 3 for harm and between A and B for culpability, and the aggravating and mitigating factors balanced each other out; the increase from the starting point reflected the multiple offending.

Parties
Respondent: Regina; Appellant: MJL aka SJB
Jurisdiction
England and Wales
Judgment Date
20 February 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Rape, Sexual Offences, Sentencing Guidelines, Appeal Against Sentence
Criminal Law Rape Sexual Offences Sentencing Guidelines Appeal Against Sentence

Case Brief

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Parties

Regina

Respondent

MJL aka SJB

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 11 years' imprisonment for five offences of rape was appropriate under the sentencing guidelines
  2. 2 Proper categorisation of harm and culpability under the definitive guideline for sexual offences
  3. 3 Consideration of aggravating and mitigating factors in sentencing

Ratio Decidendi

The sentence of 11 years' imprisonment for five offences of rape was justified, as the offences were correctly categorised on the borderline between categories 2 and 3 for harm and between A and B for culpability, and the aggravating and mitigating factors balanced each other out; the increase from the starting point reflected the multiple offending.

Court Disposition

appeal dismissed

Orders

  • Sentence of 11 years' imprisonment for five offences of rape upheld
  • Convictions to be recorded against both MJL and SJB