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Court of Appeal dismisses appeal against the severity of sentence of eight years' imprisonment imposed in the Central Criminal Court for rape and sexual assault, on the grounds that while the net custodial term of eight years properly represents the outer limit of what was appropriate, it was within the discretion of sentencing judge.
Criminal law – sentencing – appeal against the severity of eight years' imprisonment imposed in the Central Criminal Court for rape and sexual assault – s. 4 of the Criminal Law (Rape) (Amendment) Act 1990 – s. 2 of the Criminal Law (Rape) (Amendment) Act 1990 as amended by s. 37 of the Sex Offenders Act 2001 – appellant was aged between seventeen years and twenty two years, while the complainant, a neighbour, was eight years younger – whether insufficient weight was afforded to the various mitigating factors – whether there was an error of principal in the decision to set the headline sentence at twelve years – net custodial term of eight years properly represents the outer limit of what was appropriate but was within discretion of sentencing judge – appeal dismissed.
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