The reference was for an unduly lenient sentence for offences of gross indecency with a child and attempted rape.
Held: Even experienced judges could be unaware of guideline cases. In this case Millberry and the Reference 91 etc of 2002 would have guided the judge to impose different sentences. Prosecuting counsel should attend court with knowledge of the guideline cases, and be ready to provide the court with copies as necessary.
Judges:
Woolf LCJ, Gibbs, Fulford JJ
Citations:
Times 12-Dec-2003, [2003] EWCA Crim 3731
Jurisdiction:
England and Wales
Citing:
Cited – Attorney General’s Reference (Nos 91, 119 and 120 of 2002) CACD 7-Feb-2002
. .
Cited – Millberry, 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:
Cited – Regina v Pepper, Regina v Barber, etc CACD 28-Apr-2005
Each defendant appealed against the imposition of an extended sentence of imprisonment.
Held: The The provisions were unduly complicated and about to change again. Courts would see their way clear by focussing on the offence for which the . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 12 May 2022; Ref: scu.189892