ABDUCTION

The concept of abduction in harm category 2 of the sentencing guidelines for rape was not a matter of distance. A sentence of eight years’ imprisonment following a guilty plea to a historic offence of rape was justified where the offender, who had previous convictions for indecent exposure with intent to assault a female, had raped the victim twice in an incident which had caused her lifelong harm.

A sentence of imprisonment for public protection with a minimum term of five years imposed for rape involving abduction was both correct in principle and in length.

[2008] EWCA Crim 2485

On an Attorney-General’s reference the court could not pass a sentence merely to enable eligibility for the pilot Dangerous and Severe Personality Disorder scheme (DSPD) at Broadmoor hospital. However, a total sentence of three years for abduction, indecent assault on a 13 year old girl and possession of a firearm was unduly lenient and a sentence of eight years was appropriate.

[2003] EWCA Crim 1824

The Privy Council dismissed appeals against convictions for murder rejecting all the grounds of appeal which included alleged misdirections by the judge in relation to the law of joint enterprise, identification, fingerprint evidence, a spontaneous statement by the deceased and the standard of proof.

The Immigration Appeal Tribunal had erred in its refusal of an Albanian woman’s application for asylum, in part because it had failed to recognise her fear of being raped.

[2002] EWCA Civ 314

Where local authority documents on a child complainant had not been disclosed to the defence when they should have been, it was necessary to consider whether cross-examination of the child witness based on undisclosed documents would have affected her credibility at trial.

[2001] EWCA Crim 487