Johnstone, R. v [2025] EWCA Crim 1470 (29 October 2025)

Johnstone, R. v [2025] EWCA Crim 1470 (29 October 2025)

The judge erred in categorising the offences as Category 3B rather than 2B, failed to properly account for aggravating features and the additional criminality of the assault by penetration, resulting in a sentence that was unduly lenient. The correct sentence for rape, reflecting overall criminality, is 10 years and six months' imprisonment.

Citation
[2025] EWCA Crim 1470
Parties
Prosecution: Rex; Offender: Callum Ross Kelly Johnstone
Jurisdiction
England and Wales
Judgment Date
29 October 2025
Procedural Posture
Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988
Outcome
sentence quashed and substituted
Legal Topics
Rape, Assault by Penetration, Sentencing, Unduly Lenient Sentence, Sexual Offences
Criminal Law Rape Assault by Penetration Sentencing Unduly Lenient Sentence Sexual Offences

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Parties

Rex

Prosecution

Callum Ross Kelly Johnstone

Offender

Procedural Posture

Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Was the sentence imposed for rape and assault by penetration unduly lenient?
  2. 2 Did the judge err in categorising the offences under the sentencing guidelines?
  3. 3 Should the sentence reflect the additional criminality of the assault by penetration?

Ratio Decidendi

The judge erred in categorising the offences as Category 3B rather than 2B, failed to properly account for aggravating features and the additional criminality of the assault by penetration, resulting in a sentence that was unduly lenient. The correct sentence for rape, reflecting overall criminality, is 10 years and six months' imprisonment.

Court Disposition

sentence quashed and substituted

Orders

  • Sentence of six years and six months' imprisonment quashed.
  • Sentence of ten years and six months' imprisonment imposed for rape.