Key Facts
- •Offender convicted of sexual offences against two stepdaughters (C1 and C2) aged 7-9 and 13-15 respectively.
- •Offences committed over 13 months; offender had no prior convictions.
- •Offences included rape of a child under 13, sexual assault of a child under 13, and sexual activity with a child.
- •Original sentence: two years' imprisonment (determinate) + eight years' special custodial sentence (consecutive).
- •Attorney General's Reference under section 36 of the Criminal Justice Act 1988 due to belief that the sentence was unduly lenient.
- •Judge's reasoning: considered stepfather's relationship as an aggravating factor but not a 'clear-cut abuse of trust', citing the Sentencing Council's guidelines.
Legal Principles
Abuse of trust as a culpability factor in sentencing for sexual offences.
Sentencing Council's definitive guidelines and Attorney General's Reference (R v RGX) [2023] EWCA Crim 1679.
Section 36 of the Criminal Justice Act 1988 allows for the Attorney General to refer a case to the Court of Appeal if the sentence is unduly lenient.
Criminal Justice Act 1988
The Court of Appeal's power to review sentences and quash or amend them if deemed unduly lenient.
Inherent jurisdiction of the Court of Appeal
Outcomes
The Court of Appeal granted leave to refer and found the original sentence unduly lenient.
The judge erred in his categorisation of the offences under the sentencing guidelines by failing to recognize the abuse of trust inherent in the stepfather's relationship with the victims.
The sentence for the rape offence (count 1) was increased from eight years to eleven years (as part of a 12-year special custodial sentence).
The offense should have been categorized as A3 under the guidelines due to the abuse of trust, and an upwards adjustment was necessary to reflect the other serious offenses against C1.
The remaining sentences remained unchanged.
The Court considered totality and structure of the sentencing.