R v AHA
[2023] EWCA Crim 1001
R v Craig Welsh
20 September 2024
[2024] EWCA Crim 1149
Court of Appeal
A man was given a too-light sentence for rape and strangulation. The government appealed, and the court increased his prison time because the original judge made mistakes in calculating the sentence. The new sentence considers the seriousness of the crimes and the man's mental health.
Key Facts
- •Craig Welsh was convicted of rape and non-fatal strangulation.
- •He was sentenced to 6 years for rape and 1 year consecutive for strangulation (total 7 years).
- •The Solicitor General referred the sentence as unduly lenient.
- •The rape was categorized as category 2B (starting point 8 years).
- •Welsh had no relevant previous convictions but a history of mental health issues (ADHD, anxiety, depression).
- •The judge reduced the sentence considering prison conditions and totality.
- •The complainant's victim impact statement detailed significant emotional and physical trauma.
Legal Principles
Sentencing for rape (category 2B): starting point 8 years (7-9 years range).
Sentencing Council Guideline
Sentencing for non-fatal strangulation: starting point 18 months.
R v Cook [2023] EWCA Crim 452
Totality principle in sentencing for multiple offences.
Sentencing Council Guideline on Totality
Consideration of mental health disorders in sentencing: may affect length of sentence or make custodial sentence disproportionate.
Sentencing Council Guideline on Mental Disorders, Developmental Disorders and Neurological Impairments, paragraph 22
Temporary prison conditions do not usually affect length of longer custodial sentences.
R v Tripathi [2024] EWCA Crim 763, paragraph 23
Outcomes
The reference was allowed.
The original sentence was unduly lenient; the judge wrongly reduced the sentence for prison conditions and the reduction for totality was excessive. The Court of Appeal re-sentenced, considering aggravating and mitigating factors, including mental health.
Rape sentence increased from 6 years to 8 years.
The starting point for a category 2B rape is 8 years, and although mitigating factors existed, they were balanced by aggravating factors.
Strangulation sentence reduced from 12 months to 9 months (consecutive).
Consideration of totality and Welsh's mental health issues in prison.
Total sentence increased from 7 years to 8 years and 9 months.
Reflects the Court of Appeal's assessment of appropriate sentencing after considering all relevant factors.