R v SSH
[2023] EWCA Crim 1708
R v AB
13 August 2024
[2024] EWCA Crim 1028
Court of Appeal
A man was convicted of many sex crimes against his stepdaughter. The judge made a mistake in his sentencing, so the appeal court corrected it. The man's sentence changed slightly, but he still faces a long time in prison because of the serious nature of his crimes.
Key Facts
- •Appellant pleaded guilty to multiple sexual offences against his 13-year-old stepdaughter over two years.
- •Offences included rape, attempted rape, sexual assault, and causing a person to engage in sexual activity without consent.
- •Appellant received an initial sentence of 17 years (9 years custodial, 8 years extended).
- •Appeal concerned the overall sentence length and the extension period.
- •Appellant had ADHD, but no link to his offending was established.
- •Judge categorized all offenses as Category 2A due to abuse of trust and complainant's vulnerability.
- •A key issue on appeal was the incorrect starting point used for sentencing counts involving causing a person to engage in sexual activity without consent (no penetration).
Legal Principles
Sexual Offences (Amendment) Act 1992: prohibits publication of information likely to identify victims of sexual offences unless waived.
Sexual Offences (Amendment) Act 1992, Section 3
Sentencing Council Definitive Guidelines for relevant offences were applied.
Sentencing Council Definitive Guidelines
Totality principle in sentencing: ensuring the overall sentence is not disproportionate to the offender's criminality.
Case law and sentencing principles
Outcomes
Appeal allowed in part.
The judge incorrectly applied the starting point for sentencing counts involving causing a person to engage in sexual activity without consent (no penetration). The court adjusted the sentences on several counts to reflect the correct starting point and the overall severity of the crimes.
Sentence on count 8 (lead offence) increased to an extended sentence of 18.5 years (10.5 years custodial, 8 years extension).
To reflect the totality of the appellant's offending, given the judge's initial error and the serious nature of the abuse.
Sentences on counts 5 and 6 reduced to 3 years each (concurrent).
Correction of the sentencing error on counts involving causing a person to engage in sexual activity without consent.
Sentence on count 11 reduced to 3 years (consecutive).
Correction of the sentencing error, while still reflecting the seriousness of the offense.