In passing sentence for sexual assault, a judge had been entitled to take an adjusted starting point of six years’ imprisonment, as opposed to one of 12 months as recommended in the sentencing guidelines. The offence had been replete with aggravating factors and, save for a guilty plea, devoid of any mitigation. The judge had correctly observed that the guidelines were precisely such: guidelines, not tram lines.
AGGRAVATING FEATURES DANGEROUSNESS EXTENDED SENTENCES JUDGE TAKING STARTING POINT ABOVE THAT RECOMMENDED IN SENTENCING GUIDELINES NUMEROUS AGGRAVATING FACTORS WITH ONLY GUILTY PLEA IN MITIGATION OFFENDER ASSAULTING WOMAN IN TOILET CUBICLE PERSISTENT OFFENDERS SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT STARTING POINT
A sentence of detention for public protection with a minimum term of four years imposed on an offender for attempted rape and assault by penetration was unduly lenient and a minimum term of six years was substituted.
AGGRAVATING FEATURES APPROPRIATE MINIMUM TERM ASSAULT BY PENETRATION ATTEMPTS DETENTION FOR PUBLIC PROTECTION ELDERLY PERSONS MINIMUM TERM PERSISTENT OFFENDERS RAPE SENTENCING UNDUE LENIENCY YOUNG OFFENDERS