According to English law, the Prosecution do not have a right of appeal for anything that happens in crown court, in order to prevent defendant’s being harassed by the government.
However, in order to provide a safeguard against miscarriages of justice, the law allows the Attorney General to refer certain cases to the Court of Appeal for them to be reviewed.
The AG must consider cases personally in order to refer them. The Court of Appeal is empowered to revise a sentence if they consider it to be “unduly lenient.”
A sentence is considered to be ‘unduly lenient’ “where it falls outside the range of sentences which the judge, applying his mind to all the relevant factors, could reasonably consider appropriate.” (Source)
According to Dan Bunting, writing on the UK Criminal Law blog:
“On the face of it, this seems a very low sentence.”
“The adult guidelines will apply as Mr Hulin was aged over 18 at the time of sentence.”
“The guidelines for rape start at p27 and for assault by penetration at p33.”
“We can see that the lowest starting point is 8 years with a range of 6-11 years for rape (the law makes no distinction between sentencing for oral, anal or vaginal rape) and 4 years with a range of 2-6 years for assault by penetration.”
“One can see from that that the sentence passed is miles below the guidelines. Even taking the lowest point in the range and giving full credit for the plea of guilty, that would be a sentence of 4 years.”
We are asking people to write to the Attorney General to ask for this case to be referred to the Court of Appeal
You can find details about how to write to the AG here.
You can also email the AG at email@example.com
The information you need to give in the letter includes:
- The name of the person who got the sentence – Adam Hulin
- The date the sentence was given – 23rd April
- The court where the case was held – Guildford Crown Court
- The crime committed – Oral rape of a child under 13, and assault of a child under 13 by penetration.
- The reason why you think the sentence is too low.
If you would like to use a form letter, one is available on the website of the brilliant campaigning organisation Ending Victimisation and Blame
However, I would urge you to consider writing a letter which sets out your own personal perspective on this sentence, and why you think it represents a failure of justice. If you would like your letter to be published on this site, please contact me using this form, and let me know if you are happy for your name to be published or not.