CRIMINAL DIVISION
ON APPEAL FROM THE MILITARY COURT CATTERICK
JUDGE SMITH CMAO: 20/08/2024
22 Mons Avenue Bulford Camp Salisbury SP4 9NN |
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B e f o r e :
LORD JUSTICE HOLROYDE
MR JUSTICE MORRIS
MRS JUSTICE FOSTER DBE
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REX |
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MARTIN JULIAN ROBERTS |
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REFERENCE BY THE ATTORNEY GENERAL UNDER S.273 OF THE ARMED FORCES ACT 2006 |
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Lower Ground Floor, 46 Chancery Lane, London, WC2A 1JE
Tel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk (Official Shorthand Writers to the Court)
MISS F PENCHEON appeared on behalf of the Offender
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Crown Copyright ©
"For rape committed by an adult without any aggravating or mitigating features, a figure of five years should be taken as the starting point in a contested case ...
The crime should in any event be treated as aggravated by any of the following factors: ... (6) the victim is subjected to further sexual indignities or perversions; (7) the victim is either very old or very young; ... Where any one or more of these aggravating features are present, the sentence should be substantially higher than the figure suggested as the starting point ... In the case of a juvenile, the Court will in most cases exercise the power to order detention under the Children and Young Persons Act 1933, section 53(2)."