dftlp
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 Re:Sentencing (Posted on: 2010-05-17 12:00:07)
Re: Attempted rape Although it is an offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence under section 1 of the Sexual Offences Act 1956 or section 1 of the Sexual Offences Act 2003 - An attempt to commit rape is treated in much the same way as the full offence of rape - the starting point for attempted rape should normally be less than for the completed offence - which when contested is 5 years. For guidelines specifying the court\'s statutory powers of sentence you\'ve already got the relevant cases but here\'s the links: Sexual Offences Act 2003, Definitive Guideline: http://www.sentencing-guidelines.gov.uk/docs/0000_SexualOffencesAct1.pdf - Court of Appeal guidelines http://www.sentencing-guidelines.gov.uk/guidelines/other/courtappeal/default.asp?T=Cases&catID=5&subject=RAPE - http://www.sentencing-guidelines.gov.uk/docs/complete_compendium.pdf (pg 43-46). I\'ve looked in this database and found a range of sentences and although 3 years 6 months is not a lenient sentence (set against sentences like http://www.thelawpages.com/court-cases/Steven-M-Sellers-2258-3.law - 4 year sentence after a late guilty plea with violence and similar previous convictions) it is not excessive unless mitigating factors were ignored (esp. The defendants age). 1 year 9 months on plea and the defendant was under 16: http://www.thelawpages.com/court-cases/Vincent-D-Dally-3727-3.law. Otherwise I would say anything under 4 years is a good result for your client in terms of sentencing. (4 year sentence: http://www.thelawpages.com/court-cases/Farhan-Hussain--4122-3.law).
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