[2025] EWCA Crim 1470

The Solicitor General submits that the judge was wrong to categorise the offence as falling within Category 3B and should instead have categorised both offences as falling within Category 2B. That would indicate a starting point for the rape offence of eight years with a category range of seven to nine years and a starting point for the assault by penetration of six years with a category range of four to nine years.

Furthermore, it is submitted that there were serious aggravating features that outweighed the mitigation that was available to the offender and which should have led to a net upward adjustment from the starting point to the sentences to be passed. Lastly, there is no indication that the judge made any adjustment to the sentence passed on the offender for the offence of rape to reflect the additional criminality of the assault by penetration. These errors singly and in combination led the judge to pass the sentences he did which in the submission of the Solicitor General are not merely lenient but unduly lenient.