R v Marcus Taylor
[2024] EWCA Crim 615
Michael James Young v R
15 March 2024
[2024] EWCA Crim 251
Court of Appeal
A man was given a long prison sentence for trying to rape his ex-partner while their child was present. The court decided the sentence was too harsh and reduced it, but kept an extended part of the sentence because he was considered dangerous.
Key Facts
- •Appellant (38) sentenced for attempted rape (17-year extended sentence: 10 years custody, 7 years extended licence), trespass with intent to commit a sexual offence (4 years concurrent), and assault occasioning actual bodily harm (12 months concurrent).
- •Offences related to a single incident involving the appellant's former partner (V) and their daughter.
- •Appellant forced entry into V's home, assaulted her, and attempted to rape her while their daughter was present.
- •Appellant had previous convictions for violence and offenses against V.
- •Appellant pleaded guilty to all charges.
- •Appeal concerned the excessiveness of the sentence for attempted rape.
Legal Principles
Sexual Offences (Amendment) Act 1992 provisions regarding victim anonymity.
Sexual Offences (Amendment) Act 1992
Sentencing guidelines for sexual offences, including harm levels and culpability factors.
Sexual Offences: Definitive Guideline (effective from 1 April 2014)
Sentencing Act 2020, s.60(2) and s.60(4) regarding the duty to follow sentencing guidelines and category ranges.
Sentencing Act 2020
Sentencing Act 2020, s.280(1)(c) regarding extended sentences for dangerous offenders.
Sentencing Act 2020
Outcomes
Appeal allowed. Original sentence of 17 years quashed.
The court found the original sentence manifestly excessive. The judge incorrectly placed the offending into harm level 1 and did not sufficiently adjust the sentence downwards to reflect the attempted nature of the rape.
Sentence substituted with an extended sentence of 15 years (8 years custody, 7 years extended licence).
The court determined the appropriate sentence before plea discount was 10 years, resulting in an 8-year custodial sentence after a 20% discount for plea. The extended sentence was deemed necessary due to the appellant's dangerousness.