R v AJ
[2023] EWCA Crim 1345
R v AIW
14 August 2024
[2024] EWCA Crim 972
Court of Appeal
A man was sentenced to a long prison sentence for sexually abusing his young step-granddaughter and possessing child pornography. He appealed, arguing the sentence was too harsh and that he wasn't dangerous. The appeals court disagreed, saying the evidence showed he was a danger to children and the sentence was justified given the serious nature of his crimes.
Key Facts
- •Appeal against sentence for sexual offending involving the appellant's five-year-old step-granddaughter (C).
- •Appellant (AIW), aged 56, pleaded guilty to 16 counts: causing/inciting sexual activity with a child, assault by penetration, taking/making/possessing indecent images of children, and possessing extreme pornography.
- •Offenses involved creating first-generation images and videos of C, spanning several years.
- •Appellant had no prior convictions, made early admissions, and expressed remorse but also indicated he might have gone further without police intervention.
- •Sentencing judge imposed extended sentences of 19 years for assault by penetration (14 years custody, 5 years extended licence), with concurrent sentences for other offences.
- •Pre-sentence report concluded appellant posed a significant risk of causing serious harm to children.
- •Appeal challenged the dangerousness finding, the necessity of an extended sentence, and the length of the custodial term.
Legal Principles
Assessment of dangerousness must be made at the date of sentencing, assuming the offender is not in custody, considering all relevant evidence.
R v AYO [2022] EWCA Crim 1271
Imposition of an extended sentence does not automatically follow from a finding of dangerousness; a very long standard determinate sentence may suffice.
R v AYO [2022] EWCA Crim 1271
The decision on the uplift to reflect a series of disparate offences is not a scientific exercise.
This case
Offender's age can affect risk assessment, potentially leading to reduced opportunities or motivation to offend, especially for older individuals.
R v AYO [2022] EWCA Crim 1271
Outcomes
Appeal dismissed.
Court found sufficient evidence to support the dangerousness finding, the necessity of an extended sentence, and the length of the custodial term. The judge's approach to totality and the assessment of risk were deemed appropriate.