s.82A

April 29, 2015

A judge had erred in focusing on the risk an offender posed to the public, rather than the seriousness of the offences, when imposing what was in effect a whole life order for multiple counts of rape and further counts of kidnapping and causing grievous bodily harm with intent. The very high test of exceptionality for whole life orders had not been fulfilled but, given the aggravating features of the case, a notional determinate sentence beyond the sentencing guideline range was justified.

CRIMINAL LAW FALSE IMPRISONMENT GRIEVOUS BODILY HARM KIDNAPPING LIFE IMPRISONMENT MINIMUM TERM POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.82A(4) RAPE s.47 s.82A SENTENCING SERIOUSNESS OF OFFENCE WHOLE LIFE ORDERS

May 2, 2007

A life sentence could be imposed without a minimum term if the seriousness of the offence, rather than the risk of reoffending, warranted it.

AUTOMATIC LIFE IMPRISONMENT CHILD SEX OFFENCES LIFE IMPRISONMENT MINIMUM TERM NO MINIMUM TERM SET POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.82A(4) RAPE s.109 s.82A SENTENCING TWO SEVEN-YEAR-OLD BOY VICTIMS

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