Key Facts
- •Lewis Lloyd Young (appellant, aged 29) kidnapped a woman ('C') from a car park, intending to kidnap and rape.
- •He was armed with a knife, drove dangerously, and discarded C's belongings.
- •He assaulted C, strangled her, and sexually assaulted and raped her.
- •C escaped and sought help; Young was arrested in C's car.
- •Young admitted premeditation and had a history of mental illness and prior convictions, including causing death by dangerous driving.
- •Young pleaded guilty to kidnapping, possessing a bladed article, dangerous driving, driving while disqualified, assault by penetration, and rape.
Legal Principles
Sexual Offences (Amendment) Act 1992: Reporting restrictions apply to protect victim's identity.
Sexual Offences (Amendment) Act 1992
Sentencing Act 2020, section 385: Variation hearings.
Sentencing Act 2020
Sentencing Act 2020, section 323: Minimum term for life sentences.
Sentencing Act 2020
Sentencing Council Guideline for Sexual Offences: Categorisation and sentencing ranges for rape and assault by penetration.
Sentencing Council Guideline for Sexual Offences
Consideration of totality and avoidance of double-counting in sentencing.
Case law (implied)
Sentencing for kidnapping: Relevant factors include length of detention, violence, weapons, victim impact, planning, and vulnerability.
Case law (implied)
Outcomes
Appeal dismissed.
The 12-year minimum term for the life sentence was not manifestly excessive given the extreme nature of the kidnapping and rape, the premeditation, and the multiple aggravating factors.