Regina v Backwell: CACD 18 Nov 2003

The defendant appealed against a sentence for violent sexual assaults. Charges of rape were left on the file. He had toured the streets of Torquay selecting women who, for drink or otherwise, would be less able to resist. The judge thought a proper sentence on each count was 4 years’, increased to 6 years, concurrent for the first 6 incidents but consecutive for the last, which was almost attempted rape. The total sentence was 12 years.
Held: Baker and Everleigh showed that the principle applied was correct. The sentences were commensurate with his record and the nature of the offences.


Mr Justice Butterfield Lord Justice Mantell Mrs Justice Cox


[2003] EWCA Crim 3213, Times 15-Dec-2003




England and Wales


CitedRegina v Baker CACD 15-Dec-1998
The court faced an appeal against a sentence of 12 years’ imprisonment on pleas of guilty to 6 indecent assaults. The judge imposed 2 years’ imprisonment consecutive on each Count totalling 12 years.
Held: The judge was purporting to exercise . .
CitedRegina v Everleigh CACD 16-May-2001
Sentences extended under the section should not be imposed consecutively with other sentences imposed at the same time, though this might be possible where the other sentence had been previously imposed. Although the authorities were difficult to . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 04 July 2022; Ref: scu.187976