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Re:SentencingSentencing Guidelines for Attempted Rape

dftlp
( User )
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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SOFAP
( User )
Sentencing Guidelines for Attempted Rape     (Posted on: 2010-05-15 16:28:38)

Can somebody please point me in the direction of official guidelines for attempted rape?

I have found Billam and Millberry but these are not helpful due to the fact that these are for rape as opposed to attempted.

The defendant was found guilty so went to trial.  He still denies the alleged offence so there would have been no credit for a guilty plea.

Thanks.




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