R v Nathan Hunter

R v Nathan Hunter

The sentencing judge was entitled to sentence the appellant on the basis that he intended to commit rape, as supported by the prosecution case and unchallenged evidence. The appellant had the opportunity to advance an alternative basis or seek a Newton hearing but did not do so. The life sentence with a minimum term of 4 years and 130 days was neither wrong in principle nor manifestly excessive.

Parties
Respondent: Rex; Appellant: Nathan Hunter
Jurisdiction
England and Wales
Judgment Date
28 November 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sexual Offences, Sentencing, Appeals, Dangerous Offenders, Kidnapping, Assault on Emergency Workers
Criminal Law Sexual Offences Sentencing Appeals Dangerous Offenders Kidnapping Assault on Emergency Workers

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Parties

Rex

Respondent

Nathan Hunter

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in concluding the appellant intended to commit rape under section 62(1) Sexual Offences Act 2003
  2. 2 Whether the life sentence with a minimum term of 4 years and 130 days was manifestly excessive
  3. 3 Whether the sentencing procedure was fair given the indictment did not specify the intended sexual offence

Ratio Decidendi

The sentencing judge was entitled to sentence the appellant on the basis that he intended to commit rape, as supported by the prosecution case and unchallenged evidence. The appellant had the opportunity to advance an alternative basis or seek a Newton hearing but did not do so. The life sentence with a minimum term of 4 years and 130 days was neither wrong in principle nor manifestly excessive.

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed.