3PB Barristers' Chambers

26th February 2010

Unduly Lenient Sentence

Megan Topliss appeared on 3rd February in the Court of Appeal for an offender whose sentence the Attorney General sought to refer on the basis that it was unduly lenient. (AG ref. No. 99 of 2009 sub nom R v B (2010)). The Attorney General was represented by Queen's Counsel. The offender had been sentenced to two years' imprisonment suspended for two years for an offence of rape. He was 41 at the time of sentence and had committed the offence some 25 years earlier on his sister, when he had been 15 and she 13.

The Court held that the sentencing judge had been right to say the case was exceptional: a serious crime committed by a boy with devastating life-long effects on the victim. However, he had admitted his guilt 15 years earlier including to the family; and had continued to show genuine remorse, all in an attempt to assist her find closure. He had also matured into a man of exemplary character. Therefore, whilst the sentence was lenient, it was not unduly so: the reference was dismissed.