Read the full judgment text of CACC 000267/1988 on BabelCite. This Court of Appeal judgment was delivered on 11 August 1988 before Silke V-P, Poorer J.A., Macdougall J..
Criminal law – attempted rape – sentencing – appeal – manifestly excessive – guidelines in The Queen v. Billam – starting point for attempted rape – aggravating factors – mitigating factors – guilty plea – remorse – violence – planning – applicant aged 22, clean record – gained entry to victim's room using spare key – violence over and above necessary – no penetration but ejaculation – victim injured – judge adopted too high starting point of 9 years – appropriate sentence of 4 years substituted – appeal allowed.
Legal issues: Appeal against sentence for attempted rape
Outcome: Appeal allowed; sentence reduced from 6 years to 4 years imprisonment.