The defendant had been convicted of repeatedly raping a 12 week old girl, and other sexual offences against young girls. After pleading guilty, the judge had passed a life sentence setting the minimum term at six years which was lower because of the guilty plea. His partner had been convicted as an accomplice but took no direct part in the sexual assault.
Held: The minimum term was increased to eight years. The crime was appalling. Whilst the defendant might in fact never be released, a term of 8 years was appropriate even after applying an appropriate discount. As to French, the judge was justified in imposing a very much lower sentence than the notional determinate sentence that formed the basis for Webster’s minimum term. The latter was significantly too lenient, but an eight year starting point in the case of French did not fall outside the range that was properly open to the judge.
Citations:
Times 20-Jun-2006, [2006] EWCA Crim 1335
Links:
Statutes:
Sexual Offences Act 1956 1(1), Protection of Children Act 1978 1(1)(a), Criminal Justice Act 2003 144
Citing:
Cited – Homer, Regina v (Attorney General’s References v No 12 of 2001) CACD 4-Feb-2002
The defendant, a 49 year old woman had been convicted, the jury having rejected her plea of duress, of being party to the rape by her partner of a five month old baby girl who had been entrusted to her as a baby sitter. She had pleaded guilty to . .
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 – Greenland, Regina v CACD 28-Jun-2002
The court considered the significance of a guilty plea when sentencing: ‘ . . he is not entitled to the full credit that he would have had had the evidence against him not been so overwhelming and had he not been caught red-handed.’ . .
Cited – Regina v Oosthuizen CACD 11-Jul-2005
The defendant appealed his sentence of two years for robbery, saying that it had been wrong to impose a deterrent sentence because of an apparently high number of robberies in the area.
Held: The judge must sentence the defendant before him. . .
Cited – Gisborne, Regina v CACD 6-Oct-2005
The defendant was an animal rights activist. She had pleaded guilty to conspiracy to damage property but had not received full credit for her plea.
Held: She should have received full credit. Although the case against her was ‘utterly . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 06 July 2022; Ref: scu.242361