SENTENCING GUIDELINES

A 16-year extended sentence for the rape of an ex-partner was neither manifestly excessive nor wrong in principle where the judge had been entitled to conclude that the offender was dangerous and a post-sentence report documented no change in mentality. There could also be no proper complaint about a concurrent 12-year sentence imposed for a second count of rape against the same victim.

[2018] EWCA Crim 1003 [2018] EWCA Crim 1003

A judge had failed to have proper regard to the sentencing guidelines for children and young people when sentencing an 18-year-old for an offence of manslaughter committed when she was 17. The sentence imposed of nine years’ detention did not reflect the age, immaturity and resultant culpability of the offender at the date of the offence, and was reduced to five years’ detention.

[2018] EWCA Crim 752 [2018] EWCA Crim 752

The court emphasised that while a basis of plea and sensible agreement between parties was encouraged and expected to be weighed carefully by the court before departing from it, such agreement was not binding on the court as a matter of constitutional principle. However, in the instant case, the sentencing judge had had no sufficient justification for departing from the parties’ agreement, and a fine of £475,000 following a company’s guilty plea to an offence under the Management of Health and Safety at Work Regulations 1999 reg.3(1)(a) was reduced to £200,000.

[2018] EWCA Crim 1342 [2018] EWCA Crim 1342

A sentence of 30 months’ imprisonment following a guilty plea to an offence of domestic burglary was appropriate in the case of an offender who had previous conviction and had commited the offence whilst on licence but where there was an absence of factors of higher culpability.

[2018] EWCA Crim 748 [2018] EWCA Crim 748

Sentences of 18 months’ imprisonment suspended for two years and accompanied by 100-hour unpaid work requirements were appropriate in the case of two offenders who had been involved in a conspiracy to launder money. Although they had played an active part in the conspiracy by opening bank accounts, applying for mortgages and purchasing cars and properties, they had rehabilitated themselves to a considerable extent since their arrests and one was a single mother caring for two young children.