R v DEF
[2024] EWCA Crim 1303
R v BTU
19 July 2024
[2024] EWCA Crim 1006
Court of Appeal
A man was wrongly convicted of an older crime for sexual offences against his daughter. The court fixed the mistake and reduced his very long prison sentence because it was too harsh, even though the crimes were serious and hurt his daughter badly.
Key Facts
- •The appellant, a man in his mid-70s, was convicted of two counts of rape and one count of indecent assault against his adult daughter ('V').
- •He had previously pleaded guilty to two counts of incest, which were incorrectly charged under the 1956 Act instead of the 2003 Act.
- •The offences spanned from the late 1990s to 2007.
- •The appellant's brother ('B') was also convicted of offences against V, committed when she was a child.
- •The appellant was sentenced to 27.5 years' imprisonment (23 years for rape and indecent assault, 4.5 years consecutive for incest).
- •The appeal concerned the incorrect charging of incest and the overall length of the sentence.
Legal Principles
Anonymity provisions of the Sexual Offences (Amendment) Act 1992 apply to protect the victim's identity.
Sexual Offences (Amendment) Act 1992
Section 3A of the Criminal Appeal Act 1968 allows the Court of Appeal to substitute a conviction for an alternative offence after a guilty plea, if the facts admitted prove guilt of the alternative offence.
Criminal Appeal Act 1968, s.3A
Sentencing guidelines for rape consider the level of psychological harm inflicted and the culpability of the offender.
Sentencing Council guideline for rape
Outcomes
The appeal against conviction was allowed, and the guilty pleas to incest were substituted with guilty pleas to sex with an adult relative under s.64 Sexual Offences Act 2003.
The original charges of incest were based on an incorrect date of the offences. Section 3A of the Criminal Appeal Act 1968 allowed for this substitution.
The appeal against sentence was allowed. The 23-year sentence for rape was reduced to 19.5 years.
The Court of Appeal considered the 23-year sentence for rape to be manifestly excessive, even considering the aggravating factors. While acknowledging the severe psychological harm caused, the offences didn't constitute a 'campaign of rape'. The total sentence was reduced to 21 years.