Minshull, R v

Minshull, R v

Given the significant aggravating features—victim's age and vulnerability, breach of trust, and applicant's previous convictions—the judge's starting point of seven years and final sentence of five years after guilty plea was correct and not excessive.

Parties
Respondent: Regina; Applicant: Terence Michael Minshull
Jurisdiction
England and Wales
Judgment Date
25 October 2004
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal against sentence refused
Legal Topics
Sexual Offences, Sentencing, Assault by Penetration, Aggravating Factors, Breach of Trust
Criminal Law Sexual Offences Sentencing Assault by Penetration Aggravating Factors Breach of Trust

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Parties

Regina

Respondent

Terence Michael Minshull

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of five years' imprisonment for assault by penetration was manifestly excessive
  2. 2 Appropriate starting point for sentencing under section 2 of the Sexual Offences Act 2003 given aggravating features

Ratio Decidendi

Given the significant aggravating features—victim's age and vulnerability, breach of trust, and applicant's previous convictions—the judge's starting point of seven years and final sentence of five years after guilty plea was correct and not excessive.

Court Disposition

Application for leave to appeal against sentence refused