R v James William Taggart
Appeal against sentence – rape contrary to Article 5(1) of the Sexual Offences (NI) Order 2008 – common assault contrary to s. 47 OAPA 1861 – whether sentence for rape (ECS – 9 years in custody plus 2 on licence) manifestly excessive and/or wrong in principle – whether judge justified in concluding that there was significant risk of serious harm etcetera – Kubik applied – contesting the prosecution not an aggravating factor – Gilbert distinguished on the facts – appeal allowed – ECS of 7 plus 2 substituted.
[2017] NICA 5 Weir LJ