Attempts – Kidnapping – Sentence length – Violent nature of offence

R v Jason Matthew Eminson: CA (Crim Div) (Mr Justice Mitting, Mr Justice Tugendhat): 29 August 2008

The appellant (E) appealed against a sentence of six years’ imprisonment imposed upon him following his conviction for attempting to kidnap.

The victim (V) had been walking home at night when she was grabbed from behind by E. E held V tightly around her neck and attempted to force her into his car. He then threatened her with what V thought was a sharp object. Residents in a neighbouring house were alerted by V shouting and struggling, and E was arrested. The judge, in determining E’s sentence, took into account E’s continued denial of the offence and what he considered to be the sexual motivation behind it, but also the stress E had suffered from since the death of his father. E had three previous convictions for other offences. E submitted that the sentence imposed was manifestly excessive in the circumstances and especially in the light of the sentence of four years imposed in the similar case of R v Mentor (Steven) [2004] EWCA Crim 3104, [2005] 2 Cr App R (S) 33.

Held: The sentence of six years was severe, but it was not manifestly excessive. The judge was referred to Mentor at trial and distinguished the instant case by reference to the degree of violence used, Mentor distinguished.

Appeal dismissed.

P Crampin for the appellant.