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England and Wales Court of Appeal (Criminal Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Perumall, R. v [2024] EWCA Crim 1593 (03 December 2024) URL: http://www.bailii.org/ew/cases/EWCA/Crim/2024/1593.html Cite as: [2024] EWCA Crim 1593 |
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CRIMINAL DIVISION
ON APPEAL FROM THE CROWN COURT AT
KINGSTON UPON THAMES
HER HONOUR JUDGE KENT CP No: 01VW0219422
Strand London WC2A 2LL |
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B e f o r e :
MRS JUSTICE THORNTON DBE
THE RECORDER OF MANCHESTER
HIS HONOUR JUDGE DEAN KC
(Sitting as a Judge of the CACD)
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REX |
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LOGANATHAN PERUMALL |
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Lower Ground Floor, 46 Chancery Lane, London, WC2A 1JE
Tel No: 020 7404 1400; Email: [email protected] (Official Shorthand Writers to the Court)
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Crown Copyright ©
MRS JUSTICE THORNTON DBE:
Introduction
Background
Grounds of appeal
i) The Judge erred in categorising the Applicant's culpability as A on the basis the Applicant used alcohol to facilitate his offending. The Applicant should have been sentenced on the basis of category 2B offending for which the starting point for attempted rape would have been eight years' imprisonment with a range of seven to nine years and the starting point for the assault by penetration would have been six years with a range of four to nine years.
ii) Mitigating factors were not taken into account, including good character, serious complex medical conditions, caring responsibilities and full co-operation with the police.
Analysis