Appeal against sentence for rape, as the result of a reference by the Criminal Cases Review Commission. Life sentence imposed because of historic serious violence. The court was asked what were ‘exceptional circumstances’ so as to allow a non-life sentence.
Held: One begins by assuming that someone in the appellant’s position does present a significant risk to the public, but that assumption can be rebutted by the evidence about his particular case.
There had been no violence in his record since the offence in 1989. The evidence did not suggest that there was a significant risk to the public of violent offences in future.
Exceptional circumstances did here exist. The judge’s assessment that six years for the instant offence was correct.
[2002] EWCA Crim 542, [2002] 2 Cr App Rep (S) 104, [2002] Crim LR 592
Bailii
England and Wales
Citing:
Cited – Regina v Kelly; R v Sandford CACD 29-Dec-1998
The words of the Act imposing mandatory sentences save in exceptional cases are clear, and the word ‘exceptional’ has accepted meanings which are not to be extended by reference to the Convention on Human Rights. Mandatory life sentences were . .
Cited – Offen and Others, Regina v CACD 9-Nov-2000
The court heard appeals against automatic life sentences imposed under the 1997 Act. It was contended that either the interpretation of section 2 of the 1997 Act was affected by section 3 of the 1998, or that section 2 is incompatible with a . .
Cited – Regina v Newman; Regina v Buckland CACD 18-Jan-2000
The fact that a defendant had, at the time of committing an offence, been suffering from an acute mental illness, was not sufficient reason to count as an exceptional reason allowing a judge not to pass a life sentence for a second serious offence. . .
These lists may be incomplete.
Updated: 17 June 2021; Ref: scu.269992
