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Court of Appeal allows appeal against severity of sentence for rape offence committed while victim was asleep and substitutes a sentence of seven and a half years’ imprisonment (with three years suspended), finding that the sentencing judge failed to address the question of the relevance of the appellant’s mental health issues.
Criminal law – sentencing – appeal against severity of sentence of ten years imprisonment, with the final three years suspended, for rape – where on the spectrum this offence should be located – ISIS report on sentencing – error of principle – sentencing judge failed to address the question of the relevance of the mental health issues – sentence of seven and a half years’ imprisonment substituted – appeal allowed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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