The defendant appealed against sentence after conviction for attempted rape. He said that the offence, being charged under the 1981 Act was not a sexual offence, and neither was it a violent one within the 1991 Act.
Held: The appeal failed. Attempted rape is a sexual offence under the 1956 Act. Attempted rape was to be treated exactly as the full offence. The 1991 Act characterised ‘violent’ offences widely, and inlcuded no requiremet that any physical injury should be serious. He therefore fell to be sentenced under section 53(2) of the 1933 Act, and the maximum sentence was not to be limited to a maximum of 12 months.
Judges:
Lord Taylor of Gosforth LCJ, Pott, Judge JJ
Citations:
Independent 12-Jan-1993
Statutes:
Criminal Attempts Act 1981, Criminal Justice Act 1991, Sexual Offences Act 1956, Children and Young Persons Act 1933 53(2)
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 20 November 2022; Ref: scu.87636