NEL, R. v [2025] EWCA Crim 1750 (09 December 2025)

NEL, R. v [2025] EWCA Crim 1750 (09 December 2025)

The original sentence was unduly lenient because the offence involved violence beyond that inherent in the offence and was a sustained incident, requiring categorisation as category 2B harm with a starting point of 6 years. Mitigation justified a reduction to 5 years, but not the original 2-year sentence.

Citation
[2025] EWCA Crim 1750
Parties
Applicant: Rex; Respondent: Nel
Jurisdiction
England and Wales
Judgment Date
09 December 2025
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence
Outcome
Appeal allowed; sentence increased
Legal Topics
Sentencing, Sexual Offences, Assault by Penetration, Unduly Lenient Sentence, Domestic Violence
Criminal Law Sentencing Sexual Offences Assault by Penetration Unduly Lenient Sentence Domestic Violence

Case Brief

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Parties

Rex

Applicant

Nel

Respondent

Procedural Posture

Criminal Appeal (attorney General's Reference) / Appeal Against Sentence

Legal Issues

  1. 1 Whether the original sentence for assault by penetration was unduly lenient
  2. 2 Proper categorisation of harm under sentencing guidelines

Ratio Decidendi

The original sentence was unduly lenient because the offence involved violence beyond that inherent in the offence and was a sustained incident, requiring categorisation as category 2B harm with a starting point of 6 years. Mitigation justified a reduction to 5 years, but not the original 2-year sentence.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Original sentences quashed
  • Substituted sentence of 5 years' imprisonment for count 1 (assault by penetration)