How (not) to sentence rape of a “particularly vulnerable” victim: a critical examination of the Crown appeal against sentence in HM Advocate v MG — Part 2: recent developments in sentencing rape

In the second of a series of four articles on the Crown appeal against sentence in HM Advocate v MG [2023] HCJAC 3; 2023 J.C. 68; 2023 S.L.T. 232; 2023 S.C.C.R. 97, the author considers previous domestic authority on the range of sentences appropriate for cases of rape. Given the appeal court’s reference in MG to the English guidelines on sentencing rape as a form of comparator, or cross-check, on the sentence imposed by the trial judge, the article examines the operation of these guidelines. The article concludes by reviewing domestic authority on the use of the English guidelines as a cross-check on sentences imposed by the Scottish courts.