Latimer, R v

Latimer, R v

The custodial term of 21 years for count 8 was too long and outside the guideline range for category 1A rape; a custodial sentence of 18 years was appropriate given the seriousness of the offences and the appellant's immaturity.

Parties
Prosecution: Regina; Appellant: Tyler Lee Latimer
Jurisdiction
England and Wales
Judgment Date
06 June 2019
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Sentencing, Sexual Offences, Dangerousness, Extended Sentence, Rape, Assault, Actual Bodily Harm
Criminal Law Sentencing Sexual Offences Dangerousness Extended Sentence Rape Assault Actual Bodily Harm

Case Brief

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Parties

Regina

Prosecution

Tyler Lee Latimer

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the custodial element of the extended sentence for rape was manifestly excessive
  2. 2 Appropriate categorisation of harm and culpability under sentencing guidelines
  3. 3 Whether the sentence should reflect the overall seriousness of multiple offences

Ratio Decidendi

The custodial term of 21 years for count 8 was too long and outside the guideline range for category 1A rape; a custodial sentence of 18 years was appropriate given the seriousness of the offences and the appellant's immaturity.

Court Disposition

appeal allowed in part

Orders

  • Sentence on count 8 quashed and substituted with 22 years (18 years custodial, 4 years extended licence)
  • Other sentences remain unchanged