P.R., R v [2018] EWCA Crim 1072 (01 May 2018)

P.R., R v [2018] EWCA Crim 1072 (01 May 2018)

The sentencing judge was entitled to categorise the offence as Category 2A based on the jury's findings of repeated violence and the circumstances of the rape; the sentence of eleven years was appropriate given the aggravating features and limited mitigation; there were no arguable grounds for appeal against sentence; the delay in applying for permission to appeal was not sufficiently explained and the extension of time was refused.

Citation
[2018] EWCA Crim 1072
Parties
Respondent: Regina; Applicant: P. R.
Jurisdiction
England and Wales
Judgment Date
01 May 2018
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Against Sentence
Outcome
application for extension of time refused
Legal Topics
Rape, Harassment, Sentencing Guidelines, Extension of Time, Abuse of Trust, Aggravating and Mitigating Factors
Criminal Law Rape Harassment Sentencing Guidelines Extension of Time Abuse of Trust Aggravating and Mitigating Factors

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Parties

Regina

Respondent

P. R.

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge miscategorised the offence of rape under the sentencing guidelines
  2. 2 Whether the judge failed to make findings to the criminal standard regarding previous violence
  3. 3 Whether the total sentence was manifestly excessive

Ratio Decidendi

The sentencing judge was entitled to categorise the offence as Category 2A based on the jury's findings of repeated violence and the circumstances of the rape; the sentence of eleven years was appropriate given the aggravating features and limited mitigation; there were no arguable grounds for appeal against sentence; the delay in applying for permission to appeal was not sufficiently explained and the extension of time was refused.

Court Disposition

application for extension of time refused

Orders

  • Application for extension of time to apply for permission to appeal against sentence is refused.