R v Anandarajah Bremakumar
[2023] EWCA Crim 545
R v BHL
12 May 2023
[2023] EWCA Crim 728
Court of Appeal
A man was given a lighter sentence than he should have for abusing a 14-year-old girl and other children. A higher court looked at his case again and gave him a longer prison sentence because the first sentence wasn't fair.
Key Facts
- •BHL (44 years old), previously a person of good character, engaged in a 10-month period of sexual offending after abusing drugs and alcohol.
- •Offending involved sexual activity with a 14-year-old girl (CB), creation and distribution of child sexual abuse material, grooming other children online, and attempting to meet a child following grooming.
- •BHL was sentenced at Isleworth Crown Court (30 months) for offences against an undercover police officer ('Paris') and at Stoke-on-Trent Crown Court (9 years extended sentence: 6 years imprisonment and 3-year extended licence) for other offences.
- •The Attorney General referred the Stoke-on-Trent sentence as unduly lenient.
- •BHL's offending included sexual activity with CB, filming the act, sharing the video, and continued contact with CB.
- •BHL also created and distributed indecent images and videos, including material involving his 3-year-old son.
- •BHL groomed multiple children online, including attempting to arrange meetings for sexual activity.
Legal Principles
Sentencing guidelines for sexual offences, including aggravating factors such as grooming, age disparity, and distribution of sexual images.
Sentencing Council Guideline
Reference of 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 protecting victim anonymity.
Sexual Offences (Amendment) Act
Outcomes
The Court of Appeal granted leave to refer the sentence.
The original sentence was deemed unduly lenient due to insufficient consideration of aggravating factors, an excessive reduction for totality, and an excessive reduction for mitigation.
The sentence for count 3 (sexual activity with CB) was increased.
The original sentence of 6 years was considered too low given the aggravating factors. The court believed a pre-mitigation sentence of 9 years was warranted.
The overall sentence was increased.
The reductions for totality and mitigation were considered too large. The court adjusted these reductions to reflect the severity of the crimes.
The final sentence was increased from an extended sentence of 9 years (6 years imprisonment, 3 years extended licence) to 12 years (9 years imprisonment, 3 years extended licence).
To reflect the totality of the offending behaviour and ensure proportionality to the harm caused.