Practice and Procedure

ATTORNEY GENERAL'S REFERENCE (NO.21 & 22 OF 2009) sub nom R v (1) A (2) M (2009)

PUBLISHED August 6, 2009

[2009] EWCA Crim 1949

Sentences of five years' detention in a young offender institution imposed on each of two offenders following early pleas of guilty to vaginal and anal rape were unduly lenient and were increased to seven years' detention, as there were three specific features that took the offence into a category two rape in the Sentencing Guideline Council's Definitive Sentencing Guideline on the Sexual Offences Act 2003: the element of abduction or detention, the fact that the attack was sustained, and that there was more than one offender.

CA (Crim Div) (Goldring LJ, Bean J, Recorder of Kingston-Upon-Hull)