Sentence imposed for rape and sexual assault fell within range available to judge

By: Ciaran Joyce BL

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Court of Appeal dismisses appeal against the severity of an effective sentence of 10 years imprisonment, imposed for rape and sexual assault, finding that it cannot be said to fall outside the available range having regard to the gravity of the offences.

Criminal law – sentencing – appeal against the severity of sentences totalling 10 years imposed for rape and sexual assault – effective sentence to be served and whether that is excessive – whether judge erred in failing to suspend any element of the sentence to incentivise rehabilitation – sentence cannot be said to fall outside the available range having regard to the gravity of the offences – appeal dismissed.

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