R v Steven Carl Evans
[2024] EWCA Crim 237
R v Alin-Vasile Iercosan
18 July 2023
[2023] EWCA Crim 934
Court of Appeal
A man was given a short prison sentence for rape. The government appealed, saying the sentence was too light. The court agreed, and gave the man a much longer sentence because he planned the rape.
Key Facts
- •Rape occurred on January 27, 2023, in Bridgwater, Somerset.
- •Victim was alone after leaving a nightclub at approximately 4:00 am.
- •Respondent, Alin-Vasile Iercosan, followed the victim for 10 minutes before raping her in an alleyway.
- •Iercosan was identified through DNA evidence and CCTV footage.
- •CCTV footage showed Iercosan approaching five women before the attack.
- •Iercosan pleaded guilty on March 10, 2023.
- •Iercosan was sentenced to seven years and one month imprisonment with a three-year extended license period.
- •Victim suffered from PTSD and depression as a result of the attack.
- •Iercosan claimed he was drunk and could not remember the offence, but there was no evidence of this.
Legal Principles
Sentencing guidelines for rape, including culpability (A or B) and harm categories (1 or 2).
Offence-specific guideline (mentioned in sections 21 and 22)
Attorney General's power to refer unduly lenient sentences under section 36 of the Criminal Justice Act 1988.
Criminal Justice Act 1988, s.36
Reporting restrictions under the Sexual Offences (Amendment) Act 1992.
Sexual Offences (Amendment) Act 1992
Outcomes
The Attorney General's application was granted.
The Court of Appeal found the original sentence unduly lenient due to mischaracterization of culpability and harm categories. The Court believed the sentencing judge should have classified the offense as Culpability A, Category 1A, resulting in a higher starting point.
The sentence was increased.
The custodial period was increased from seven years and one month to ten years and ten months, plus a three-year extension period, reflecting a Category 1A starting point of 15 years with adjustments for mitigating factors and the guilty plea.