Key Facts
- •Mark Winterburn (appellant) convicted of rape at Leeds Crown Court.
- •Sentenced to 19-year extended determinate sentence (14 years custody, 5 years extended licence).
- •Victim was a vulnerable woman with health issues and alcoholism.
- •Appellant knew the victim and committed the rape after uninvited entry into her home while she was intoxicated and asleep.
- •Appellant has a long criminal record (41 convictions, 52 offences, none sexual).
- •Judge classified the offence as category 1B under Sentencing Council Guidelines on Rape.
- •Appeal against sentence on the grounds of incorrect harm categorization.
Legal Principles
Sexual Offences (Amendment) Act 1992: Restrictions on publication of victim's identifying information.
Sexual Offences (Amendment) Act 1992
Sentencing Council Guidelines on Rape: Categorization of offences based on harm and culpability.
Sentencing Council Guidelines on Rape
Sentencing Act 2020: Imposition of extended determinate sentences for dangerous offenders.
Sentencing Act 2020
Outcomes
Appeal allowed.
The court found the judge erred in classifying the offence as category 1B harm. The factors considered (uninvited entry and victim's intoxication) were not deemed 'extreme' to justify elevation from category 2B. The original sentence was therefore deemed too high.
Original sentence quashed.
The court substituted the 19-year sentence with a 14-year extended determinate sentence (9 years custody, 5 years extended licence).