R v Abbas Abbass
[2023] EWCA Crim 540
R v Andrew Mellis
10 October 2023
[2023] EWCA Crim 1205
Court of Appeal
A man was convicted of multiple rapes. The judge decided he was dangerous and gave him a long prison sentence. The appeal court agreed with the judge's decision.
Key Facts
- •Andrew Mellis (57) convicted of three counts of rape against V1 and one count of rape against V2.
- •Offences occurred between 2014 and 2016.
- •V1 was in a relationship with Mellis; V2 met him on a dating site.
- •Mellis maintained innocence, claiming victims conspired.
- •Sentenced to 18 years (14 years custody + 4 years extended licence) on count 3, with concurrent sentences of 10 years for counts 1 and 2 and 4 years for count 4.
- •Psychiatric and pre-sentence reports considered, but judge disagreed with assessments of low risk.
- •Judge found Mellis to be a dangerous offender based on lack of insight into his behaviour.
- •Appeal challenged the dangerous offender finding, excessiveness of sentence, and insufficient consideration of mitigation.
Legal Principles
Sexual Offences (Amendment) Act 1992: Reporting restrictions on victim identification.
Sexual Offences (Amendment) Act 1992, Section 3
Criminal Justice Act 2003, Section 229: Definition of 'dangerousness' for extended sentences.
Criminal Justice Act 2003
Totality principle in sentencing: Sentences should reflect overall criminality.
Case law (implied)
Court's discretion to disagree with expert reports, but requires detailed reasoning.
JW [2009] EWCA Crim 390
Outcomes
Appeal dismissed.
Judge's finding of dangerousness was justified due to Mellis's lack of insight and understanding of his actions. The sentence was deemed not manifestly excessive given the severity and number of offences, the brutality, and the devastating impact on victims. The judge's reasoning, though brief, was considered adequate.