R v Kyle Franklyn Buckley
[2024] EWCA Crim 1203
R v Chris Warren
13 December 2023
[2023] EWCA Crim 1645
Court of Appeal
A man was sentenced to four years in prison for sexually assaulting someone while drunk. The appeal court found the judge made some mistakes in the sentencing and reduced his sentence to three years and four months. They also changed a court order that stopped him from contacting the victim to one that will only last for five years.
Key Facts
- •Chris Warren (appellant) was sentenced to four years' imprisonment (concurrently on two counts) for two counts of assault by penetration.
- •Offenses occurred on February 22, 2019, after a night of heavy drinking.
- •Appellant digitally penetrated victim's anus twice without consent, despite her requests to stop.
- •Victim sustained petechial bruising, an abrasion, and a bruise.
- •Appellant apologized and admitted intoxication but initially denied penetration.
- •Victim experienced significant psychological harm, including insomnia, nightmares, and anxiety, leading to time off from university.
- •Appeal challenged the severity of the injuries and the sentencing judge's approach.
Legal Principles
Sexual Offences (Amendment) Act 1992 prohibits publication of information identifying victims of sexual offenses.
Sexual Offences (Amendment) Act 1992
Sentencing guidelines for sexual offenses consider aggravating and mitigating factors.
Sexual Offences Guideline
Outcomes
Appeal partially allowed.
The judge incorrectly assessed the aggravating and mitigating factors, including the location of the offense and the timing of the discount for guilty pleas.
Sentence reduced from four years to three years and four months imprisonment.
Court considered a fairer balance of mitigating factors (mental health, delay) and aggravating factors (intoxication, two offenses).
Open-ended restriction order amended to a five-year fixed-term order.
Court considered the lack of evidence of further intrusive contact after the offense.