The Crown appeal against sentence in HM Advocate v Nawshowani – Part 2: use of the English guidelines on sentencing rape as a cross-check

In the second of five articles on the Crown appeal against sentence in HM Advocate v Nawshowani (Barzan) [2024] HCJAC 21, the author reviews the English guidelines on sentencing rape and questions the decision of the appeal court to dispose of the Crown’s appeal without reference to those guidelines. The major disparity between the sentence imposed by the appeal court and the sentence indicated by a proper application of the English guidelines is highlighted and discussed.