R v Anandarajah Bremakumar
[2023] EWCA Crim 545
R v Alan Luckhurst
14 July 2023
[2023] EWCA Crim 852
Court of Appeal
A man was given a lighter sentence than he should have for sexually assaulting two young women he worked with. The court made the sentence much longer because the original one wasn't tough enough for what he did. He also has to tell the police he's alive because he seemed like he might hurt himself.
Key Facts
- •Alan Luckhurst (37) convicted of 8 counts of sexual assault and 2 counts of causing a person to engage in sexual activity without consent.
- •Offenses involved two separate young women, one a 17-year-old student, the other a trainee at his salon.
- •Original sentence: 6 months' imprisonment suspended for 18 months, with other requirements.
- •Attorney General's Reference under section 36 of the Criminal Justice Act 1988 for undue leniency.
- •Offenses involved abuse of trust, predatory behavior, and multiple instances of assault.
- •Significant delay between reporting the offenses (2017) and trial (2023).
Legal Principles
Sentencing Council guidelines for sexual assault offences.
Sentencing Council guidelines
Section 36 of the Criminal Justice Act 1988 allows for Attorney General's Reference for unduly lenient sentences.
Criminal Justice Act 1988
Outcomes
Original sentence deemed unduly lenient.
Failed to reflect the seriousness of the sustained and predatory nature of the offenses, the abuse of trust, and the multiple victims.
New sentence imposed: 2 years and 6 months' imprisonment.
Count 10 (touching B's naked breasts) considered the lead offense, with a 2 year sentence. Offenses against A resulted in a consecutive 6 month sentence. Mitigation considered but insufficient to justify the original sentence.
Suspension of original sentence revoked.
Length of the new sentence precludes suspension.
Offender to report to police due to expressed suicidal ideation.
Concerns raised by Dr. Singh's report and further expressions of suicidal thoughts.
Sex offender notification requirements extended for life.
Severity of offenses.