Regina v Garvey, Attorney-General’s Reference (No 104 of 2004): CACD 25 Oct 2004

The Attorney General appealed the sentence of 18 months imposed on the defendant for sexual assault by a digital penetration.
Held: The maximum sentences for the offence had been increased to life imprisonment, and accordingly sentence levels generally should be increased beyond what it would have been when classified as an indecent assault. The starting point for rape under the 2003 Act should be five years. For an offence of digital penetration, the starting point should be four years, but if in either case the degree of penetration was minimal, that starting point might be reduced, as also it should be for yound offenders. In this case three years was appropriate.

Judges:

Rose LJ, Henriques J, Dobbs J

Citations:

Times 29-Oct-2004

Statutes:

Sexual Offences Act 2003 1 2

Jurisdiction:

England and Wales

Citing:

CitedMillberry, 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 by:

CitedRegina v Corran, Regina v Cutler, Regina v Heard, Regina v Willams CACD 2-Feb-2005
Various sentences were appealed in respect of defendants convicted of sexual offences under the 2003 Act.
Held: The Act contained new extended ranges of sexual offences, and these required resvised sentencing guidelines. The starting point for . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 30 April 2022; Ref: scu.220039