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R v Abbas Abbass

3 May 2023
[2023] EWCA Crim 540
Court of Appeal
A man was given a long prison sentence (18 years plus 6 years on licence) for raping and assaulting a woman he followed from a nightclub. The court agreed the sentence was deserved because his actions were serious and planned, and he posed a risk to other women. The man tried to appeal his sentence but the court decided it was fair.

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.

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