SW, R. v [2020] EWCA Crim 127 (05 February 2020)

SW, R. v [2020] EWCA Crim 127 (05 February 2020)

The sentencing judge was entitled to impose a notional sentence of 16 years before credit, reflecting the seriousness, aggravating features, and totality of the offences. There was no double counting or failure to consider mitigation. The sentence was not manifestly excessive.

Citation
[2020] EWCA Crim 127
Parties
Prosecution: Regina; Applicant: SW
Jurisdiction
England and Wales
Judgment Date
05 February 2020
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
application for leave to appeal against sentence refused
Legal Topics
Sentencing, Rape, Assault Occasioning Actual Bodily Harm, Breach of Restraining Order, Domestic Violence, Extended Sentence
Criminal Law Sentencing Rape Assault Occasioning Actual Bodily Harm Breach of Restraining Order Domestic Violence Extended Sentence

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Parties

Regina

Prosecution

SW

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the custodial term of the extended sentence was manifestly excessive
  2. 2 Whether the sentencing judge failed to have sufficient regard to totality
  3. 3 Whether there was double counting of aggravating factors

Ratio Decidendi

The sentencing judge was entitled to impose a notional sentence of 16 years before credit, reflecting the seriousness, aggravating features, and totality of the offences. There was no double counting or failure to consider mitigation. The sentence was not manifestly excessive.

Court Disposition

application for leave to appeal against sentence refused