P.R., R v

P.R., R v

The sentencing judge was entitled to categorise the rape as Category 2A based on psychological harm, humiliation, and previous violence; the jury's verdict established repeated assaults; the eleven-year sentence was appropriate and not manifestly excessive; no merit in the application for permission to appeal against sentence; insufficient explanation for delay in applying for extension of time.

Parties
Respondent: Regina; Applicant: P. R.
Jurisdiction
England and Wales
Judgment Date
01 May 2018
Procedural Posture
Criminal Appeal / Judgment on Application for Extension of Time and Permission to Appeal Against Sentence
Outcome
application for extension of time and permission to appeal against sentence refused
Legal Topics
Rape, Harassment, Sentencing Guidelines, Extension of Time, Mitigation, Aggravating Factors
Criminal Law Rape Harassment Sentencing Guidelines Extension of Time Mitigation Aggravating Factors

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Parties

Regina

Respondent

P. R.

Applicant

Procedural Posture

Criminal Appeal / Judgment on Application for Extension of Time and Permission to Appeal Against Sentence

Legal Issues

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

Ratio Decidendi

The sentencing judge was entitled to categorise the rape as Category 2A based on psychological harm, humiliation, and previous violence; the jury's verdict established repeated assaults; the eleven-year sentence was appropriate and not manifestly excessive; no merit in the application for permission to appeal against sentence; insufficient explanation for delay in applying for extension of time.

Court Disposition

application for extension of time and permission to appeal against sentence refused

Orders

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