R v AB
[2024] EWCA Crim 1028
R v BGO
31 July 2024
[2024] EWCA Crim 1200
Court of Appeal
A man was given a 14-year sentence for sexual offences he committed as a teenager. The appeal court reviewed the case and found some mistakes in how the sentence was decided. They changed parts of the sentence, making it shorter – now 10 years total – because the original sentence was too harsh.
Key Facts
- •Appellant (BG0) convicted of two counts of indecent assault, one count of attempted rape, and two counts of rape.
- •Offenses committed against two complainants (C1 and C2) in the 1980s when they were children.
- •Appellant was 14-17 years old at the time of the offenses.
- •Appellant sentenced to 14 years' imprisonment.
- •Appeal against sentence on grounds of excessiveness and errors in sentencing approach.
Legal Principles
Sexual Offences (Amendment) Act 1992: Anonymity provisions for victims of sexual offences.
Sexual Offences (Amendment) Act 1992
Sentencing guidelines for sexual offences, considering the offender's age at the time of the offence and the maximum sentence available at that time.
Sexual Offences Guideline; R v Limon [2022] EWCA Crim 39; R v Ahmed [2023] EWCA Crim 281
Totality principle in sentencing: The overall sentence should not be unduly long.
Not explicitly cited but implied throughout the judgement
Outcomes
Appeal allowed in part.
The original sentence of 14 years was deemed excessive due to errors in applying the sentencing guidelines, particularly concerning the maximum sentence applicable at the time of the offenses and the insufficient consideration of totality.
Sentence on count 5 (attempted rape) quashed and replaced with a 10-month sentence (concurrent).
The judge failed to determine the precise date of the offense, which impacted the applicable maximum sentence. The eight-year sentence was deemed excessive considering the appellant's age at the time.
Sentence on count 7 (rape) amended to 4 years' imprisonment (concurrent with count 5).
The Court of Appeal found that the judge correctly applied the 4-year sentence, however it should have been the lead sentence.
Sentences on counts 1 and 2 (indecent assault) remain unchanged at 9 months each (concurrent).
No challenge to these sentences.
Sentence on count 9 (rape of C2) remains unchanged at 6 years' imprisonment (consecutive).
No challenge to this sentence.
Total sentence reduced to 10 years' imprisonment.
Reflects the Court of Appeal's adjustments to the sentences on counts 5 and 7, while maintaining the consecutive sentence on count 9.