Moulder, R. v [2023] EWCA Crim 49 (18 January 2023)

Moulder, R. v [2023] EWCA Crim 49 (18 January 2023)

The original sentence for the second rape was unduly lenient as the judge failed to apply the correct starting point under the Sentencing Council Guidelines for a category 2A offence and gave no reason for departing from the guidelines. The sentence was increased to 12 years to reflect the seriousness of the offending, aggravating and mitigating factors, and the principle of totality.

Citation
[2023] EWCA Crim 49
Parties
Prosecution: Rex; Offender: Samuel Anthony Moulder
Jurisdiction
England and Wales
Judgment Date
18 January 2023
Procedural Posture
Criminal Appeal (attorney General's Reference) / Application for Leave and Substantive Hearing
Outcome
Reference allowed in part; sentence increased
Legal Topics
Rape, Sentencing, Unduly Lenient Sentence, Attorney General's Reference, Totality, Sentencing Guidelines
Criminal Law Rape Sentencing Unduly Lenient Sentence Attorney General's Reference Totality Sentencing Guidelines

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Parties

Rex

Prosecution

Samuel Anthony Moulder

Offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Application for Leave and Substantive Hearing

Legal Issues

  1. 1 Whether the original sentence imposed for two counts of rape was unduly lenient
  2. 2 Proper categorisation of offences under Sentencing Council Guidelines
  3. 3 Appropriate application of aggravating and mitigating factors

Ratio Decidendi

The original sentence for the second rape was unduly lenient as the judge failed to apply the correct starting point under the Sentencing Council Guidelines for a category 2A offence and gave no reason for departing from the guidelines. The sentence was increased to 12 years to reflect the seriousness of the offending, aggravating and mitigating factors, and the principle of totality.

Court Disposition

Reference allowed in part; sentence increased

Orders

  • Sentence on count 2 (second rape) increased from 8 years to 12 years' imprisonment
  • Sentence on count 1 (first rape) remains at 5 years, concurrent with count 2