The defendant appealed against his sentence of three and a half years imprisonment after conviction for causing another to engage in sexual activity without consent. Though otherwise of previous good characetr he had a caution for a similar assault. The judge had adopted a sentencing range more serious than that suggested by both defence and prosecution.
Held: ‘the judge appeared to adopt and, indeed, did in terms adopt a guideline which upon the face of it was inappropriate for the particular activity upon which the appellant was engaged. For this appellant did not come within the strict wording of the guidelines. His naked genitalia were not in contact with her naked genitalia’ Applying the different crtiteria but allowing for the aggravating circumstances, the notification period was changed from permanent to ten years.
Judges:
Langstaff, Wyn Williams JJ
Citations:
[2009] EWCA Crim 2640, [2010] 2 Cr App R (S) 22
Links:
Statutes:
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 11 September 2022; Ref: scu.425514
