R v AJ
[2023] EWCA Crim 1345
Ako Hussain Pur v R
25 September 2024
[2024] EWCA Crim 1191
Court of Appeal
A man was given a 7-year prison sentence for sexually abusing a 6-year-old girl. He appealed, arguing the sentence was too long. The court said the sentence was fair because of several things that made the crime worse, including his history and the way he committed the crime. The appeal was dismissed.
Key Facts
- •A 32-year-old man (AKO Hussain Pur) was convicted of assaulting a 6-year-old child by penetration.
- •The assault occurred in the child's bedroom while the applicant was working at the family's house.
- •The applicant was not known to the family.
- •The applicant had previous convictions for exposure and failing to comply with notification requirements.
- •The judge sentenced the applicant to a seven-year custodial sentence with a one-year extended licence period (Special Custodial Sentence).
- •The applicant appealed the sentence, arguing it was manifestly excessive.
Legal Principles
Reporting restrictions under the Sexual Offences (Amendment) Act 1992 apply to prevent identification of victims.
Sexual Offences (Amendment) Act 1992, section 3
Sentencing guidelines for offences under section 6(1) of the Sexual Offences Act 2003 are to be followed, considering aggravating and mitigating factors.
Sentencing Council guidelines for offences under section 6(1) of the Sexual Offences Act 2003
The sentencing judge's assessment of culpability and aggravating features carries significant weight.
Case law and sentencing practice
Previous case law on sentencing is fact-specific and not binding in determining sentence ranges.
R v HB [2003] EWCA Crim 671, R v Forbes [2016] EWCA Crim 1388, and R v Ivan [2020] EWCA Crim 301
Outcomes
The appeal against sentence was refused.
The Court of Appeal found the sentencing judge's reasoning to be cogent and justified, considering the numerous aggravating factors and the seriousness of the offence.