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Court of Appeal allows appeal against the severity of sentences resulting in imprisonment of twelve years with the final two years suspended, imposed for rape and threats to kill and cause serious harm, and substitutes a sentence of ten years with the last eighteen months suspended, on the grounds that there was an error of principle in sentencing the appellant for the rape offence because it did not merit a headline sentence of such severity and appears to be somewhat out of kilter with sentences imposed in comparable cases.
Criminal law – sentencing – appeal against the severity of sentences resulting in imprisonment of twelve years with the final two years suspended imposed for rape, threat to kill and cause serious harm – s. 3 of the Non Fatal Offences Against The Person Act 1997 – s. 48 of the Offences Against The Person Act 1861 and s. 2 of the Criminal Law (Rape) Act 1981 as amended by s. 21 of the Criminal Law (Rape) (Amendment) Act 1990 – s. 5 of the Non Fatal Offences Against The Person Act 1997 – whether the sentencing judge over-assessed the gravity of the offences – whether insufficient allowance was afforded in each instance for the mitigating circumstances – whether there was insufficient regard to the penal objective of rehabilitation – rape offence did not merit a headline sentence of that severity – error of principle in sentencing the appellant for the rape offence – sentence of ten years with the last eighteen months suspended – appeal allowed.
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