Various sentences were appealed in respect of defendants convicted of sexual offences under the 2003 Act.
Held: The Act contained new extended ranges of sexual offences, and these required resvised sentencing guidelines. The starting point for non-penile penetration will be generally lower. No safe guideline could be given for a rape of a child under 13, save that immediate custody would be appropriate and long determinate of life sentences might be given where there were significant additional aggravating features. Garvey and Millberry remeined effective guidelines.
Judges:
Rose, Smith LJJ, Owen J
Citations:
Times 08-Mar-2005, [2005] EWCA Crim 192
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Garvey, Attorney-General’s Reference (No 104 of 2004) CACD 25-Oct-2004
The Attorney General appealed the sentence of 18 months imposed on the defendant for sexual assault by a digital penetration.
Held: The maximum sentences for the offence had been increased to life imprisonment, and accordingly sentence levels . .
Cited – Millberry, Morganian, Lackenby v Regina CACD 9-Dec-2002
The Court gave detailed guidelines on sentencing for offences of rape, following a report from the sentencing advisory panel.
Held: The court outlined the base sentences for single and multiple offences of rape, listing aggravating and . .
Cited by:
Cited – Regina v G (Secretary of State for the Home Department intervening) HL 18-Jun-2008
The defendant was fifteen. He was convicted of statutory rape of a 13 year old girl, believing her to be 15. He appealed saying that as an offence of strict liability he had been denied a right to a fair trial, and also that the offence charged was . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 29 June 2022; Ref: scu.223481