Bethan Rogers appealed a sentence for rape on the basis that the sentence had been improperly elevated into the highest bracket due to matters that were not part of the evidence at trial and, in effect, went behind a previous decision by the Crown Prosecution Service to offer no evidence on other charges.
Leave had been refused by the Single Judge.
Nonetheless, the Court of Appeal found that the renewed appeal had merit. They were in agreement that the sentence for rape was wrong in principle and that the sentencing Judge had been wrong to invoke previous history as a basis for aggravation.
Consequently, the sentence of 10 years imprisonment was quashed and replaced with a 9 year determinate sentence.
Bethan Rogers is regularly instructed in cases of dishonesty, violence, sexual offending and financial wrongdoing. She also prosecutes for the Crown Prosecution Service at grade 4 both alone and being led in cases concerning serious organised crime and murder: [Bethan Rogers Profile]
Bethan was instructed by Natalie Berman, Partner at Edward Fail Bradshaw and Waterson.