Key Facts
- •Applicant convicted of two counts of rape and one count of assault by penetration.
- •Sentenced to an extended determinate sentence of 18 years' imprisonment with a 6-year licence period.
- •Applicant was 40 years old and of previous good character.
- •Offences occurred after the applicant followed the victim from a nightclub, ultimately assaulting her in a children's play area and subsequently at his flat.
- •Victim suffered severe psychological harm, including a suicide attempt.
- •Judge considered the offences to fall within Category 2A of the Sentencing Council Guideline for Sexual Offences.
Legal Principles
Sexual Offences (Amendment) Act 1992: Reporting restrictions on victim identification.
Sexual Offences (Amendment) Act 1992
Sentencing Act 2020: Extended determinate sentences for dangerous offenders.
Sentencing Act 2020
Sentencing Council Guideline for Sexual Offences: Categorisation of harm and culpability.
Sentencing Council Guideline for Sexual Offences
Principle of totality in sentencing.
Common law
Outcomes
Appeal dismissed.
The 18-year sentence, while steep, was not manifestly excessive given the severity and multiple nature of the offences. The judge's finding of dangerousness was supported by the evidence, and an extended sentence was deemed necessary for public protection.
Sentence clarification:
The sentence on each rape count is 18 years with a 6-year extended licence; the assault by penetration sentence is a standard 10 years, all concurrent.