The court set out guidelines based on four separate starting points for sentencing for offences of rape which reflect their different levels of seriousness: ‘For rape committed by an adult without any aggravating or mitigating features, a figure of five years should be taken as the starting point in a contested case. Where a rape is committed by two or more men acting together, or by a man who has broken into or otherwise gained access to a place where the victim is living, or by a person who is in a position of responsibility towards the victim, or by a person who abducts the victim and holds her captive, the starting point should be eight years.
At the top of the scale comes the defendant who has carried out what might be described as a campaign of rape, committing the crime upon a number of different women or girls. He represents a more than ordinary danger and a sentence of 15 years or more may be appropriate.
Where the defendant’s behaviour has manifested perverted or psychopathic tendencies or gross personality disorder, and where he is likely, if at large, to remain a danger to women for an indefinite time, a life sentence will not be inappropriate.’
Judges:
Lord Lane
Citations:
[1986] 8 Cr App R (S) 48
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 06 May 2022; Ref: scu.223036