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Court of Appeal allows appeal against the severity of an eight-year sentence for sexual assault and suspends the final 21 months, finding that it was not possible to infer with any degree of certainty what approach was taken by the sentencing judge or what weight was given to the different mitigating and aggravating factors.
Criminal law – sentencing – appeal against severity of sentence of eight years’ imprisonment for sexual assault – whether trial judge had sufficient regard to the mitigating factors – not possible to infer with any degree of certainty what approach in fact was taken or what weight was given to the different mitigating and aggravating factors – appeal allowed – appellant to be placed under post-release supervision for a period of eighteen months – final 21 months of eight-year sentence suspended.
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