AGGRAVATING FEATURES

[2018] EWCA Crim 438 [2018] EWCA Crim 438

Given the aggravating factors involved in the sexual assault and subsequent rape of the same victim, a judge had been entitled to set the minimum term of a life sentence at over twice the upper limit of the respective sentencing guideline range. However, the sentence was too high and was reduced from nine-and-a-half to eight-and-a-half years.

[2017] EWCA Crim 1686 [2017] EWCA Crim 1686

The court reduced, from 11 years to 10 years’ imprisonment, the sentences imposed on the parents of a 17-week-old child following their convictions for causing or allowing her death. Although there were numerous aggravating features, including an attempt to cover up the circumstances of her death, insufficient weight had been given to the finding that the parents had had constructive, rather than actual, knowledge of the significant risk of serious harm to their child.

[2017] EWCA Crim 1621 [2017] EWCA Crim 1621

When sentencing an offender for burglary, the recorder had been entitled to take into account the offender’s intention to commit grievous bodily harm by breaking into his former girlfriend’s home and attacking her new boyfriend. The fact that the offender was charged under the Theft Act 1968 s.9(1)(b), and was not charged with grievous bodily harm or with an offence under s.9(1)(a), did not preclude the recorder from taking the full facts into account.

[2017] EWCA Crim 1357 [2017] EWCA Crim 1357

A sentence of two years’ imprisonment, suspended for two years, was unduly lenient for 36 incidents of perverting the course of justice by providing false details on behalf of motorists caught speeding or failing to stop at traffic lights. After allowance for the guilty plea, the appropriate sentence was three years’ immediate imprisonment.

[2017] EWCA Crim 1398 [2017] EWCA Crim 1398

A total sentence of two years and six months’ imprisonment was appropriate following pleas of guilty to burglary and theft of a car. The offender had entered the house of his ex-girlfriend without permission, threatening her with a screwdriver and taking her car keys before stealing her car. The burglary came within Category 1 of the definitive guidelines and was seriously aggravated by the offender’s appalling criminal record and the domestic violence element of the offence.