Regina v Wisniewski: CACD 9 Dec 2004

The defendant appealed sentences for battery with iintent to commit sexual assault.
Held: In general the existing authorities on sentencing of sex offenders should apply to the new offences, with an allowance made for the lower maximum sentence under the new offence as against rape or attempted rape.


Rose LJ, Douglas Brown J, Mackay J


Times 20-Dec-2004, [2004] EWCA Crim 3361




Sexual Offences Act 1003 62, Powers of Criminal Courts (Sentencing) Act 2000 3


England and Wales


CitedAttorney-General’s Reference (No 37, 38, 44, 45, 51, 53, 35, 40, 43, 45, 41 and 42 of 2003) CACD 23-Oct-2003
Several appeals were heard on references against unduly lenient sentences of sex offenders.
Held: Courts faced particular difficulties when sentencing sex offenders, but there exist guideline cases, and a court engagaed in such a sentencing . .
CitedAttorney General v CCE, NJK and TAG; Attorney General’s References (Nos 91, 119, 120 of 2002) CACD 21-Jan-2003
The Attorney General referred sentences of the defendants for sexual assaults short of rape.
Held: The sentencing considerations outlined in the Millberry guidelines for sentencing in rape cases should be applied also for sexual offences of a . .
CitedRegina v Nelson CACD 24-Oct-2001
The court gave guidelines on sentencing violent or sex offenders. The court should consider in order the commensurate sentence, whether any longer sentence was needed to protect the public, and if the sentence would be four year or longer, whether . .
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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 30 April 2022; Ref: scu.220497