Three defendants were convicted of an horrendous rape. They were sentenced in accordance with the guidelines, but the Attorney-General appealed saying that the sentences were unduly lenient.
Held: The judge had correctly applied the sentencing guidelines, but guidelines could not cover every circumstance. The case was horrifying, and a sentence of fourteen years (increased from 9) was imposed on the principle defendant. A judge must have regard to the sentencing guidelines, but had a greater duty to do justice in the particular case: ‘Provided that the judge had had regard to a definitive guideline, he was entitled, if he had reason to do so and was prepared to articulate his reasons, to disregard it if, by following it, an injustice would result.’
Lord Judge, Lord Chief Justice, Mr Justice Simon and Mr Justice Blair
[2009] EWCA Crim 1490, Times 04-Aug-2009
Bailii
Criminal Justice Act 1988 36
England and Wales
Criminal Sentencing
Updated: 11 November 2021; Ref: scu.371872
