Attorney-General’s Reference (No 37, 38, 44, 45, 51, 53, 35, 40, 43, 45, 41 and 42 of 2003): CACD 23 Oct 2003

Several appeals were heard on references against unduly lenient sentences of sex offenders.
Held: Courts faced particular difficulties when sentencing sex offenders, but there exist guideline cases, and a court engagaed in such a sentencing exercise should be conversant with the guideline cases, and act accordingly. Guideline cases are not to be applied mechanically, but nevertheless the sentencers in several of these cases had focussed on the offender and not given appropriate attention to the victims. In cases where a perpetrartor had taken advantage of his standing in the community to find a victim, it was difficult to see how he could use the same standing to minimise the sentence. Sentences were variously increased.

Judges:

Kay LJ, Poole, Treacy JJ

Citations:

Times 29-Oct-2003, [2004] 1 Cr App R (S) 499

Jurisdiction:

England and Wales

Citing:

CitedMillberry, 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:

CitedRegina v Wisniewski CACD 9-Dec-2004
The defendant appealed sentences for battery with iintent to commit sexual assault.
Held: In general the existing authorities on sentencing of sex offenders should apply to the new offences, with an allowance made for the lower maximum . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 28 July 2022; Ref: scu.187208