R v Anandarajah Bremakumar
[2023] EWCA Crim 545
R v DEF
16 October 2024
[2024] EWCA Crim 1303
Court of Appeal
A man was sentenced to 15 years in prison for abusing his daughter and assaulting a police officer. The appeal court reduced his sentence to 12 years because the original sentence was too harsh, and cancelled a small extra fee he was ordered to pay.
Key Facts
- •Appellant (D.E.F.) pleaded guilty to assault occasioning actual bodily harm and was convicted of two counts of sexual assault of a child under 13 and one count of causing or inciting a child under 13 to engage in sexual activity.
- •The victim was the appellant's daughter.
- •The sexual offences involved touching the victim's vagina and attempting to make her perform oral sex on him.
- •The assault involved attacking a police officer while handcuffed.
- •Appellant failed to appear for court hearings, leading to a bench warrant.
- •The Recorder sentenced the appellant to 15 years and 3 months imprisonment.
- •The appellant appealed against the sentence.
Legal Principles
Sexual Offences (Amendment) Act 1992: Reporting restrictions apply to protect the victim's identity.
Sexual Offences (Amendment) Act 1992
Sentencing guidelines for sexual offences and assault occasioning actual bodily harm.
Sentencing Guidelines
Principle of totality in sentencing: The overall sentence should reflect the seriousness of all offences.
Case Law
Victim Surcharge: Determined by the date of the earliest offence and only applicable if the sentence includes a fine.
Criminal Justice Act 2003 (Surcharge) (No. 2) Order 2007
Outcomes
Appeal allowed in part.
The upward adjustment to the sentence for count 6 (inciting a child to engage in sexual activity) to reflect the overall sexual offending was disproportionate. The downward adjustment for desisting from penetration was insufficient.
Sentence on count 6 reduced from 14 years to 11 years.
To reflect the principle of totality and a more appropriate downward adjustment for desistance.
Total sentence reduced from 15 years and 3 months to 12 years and 3 months.
Reflects the adjustment to count 6 and unchanged sentences for other offenses.
Victim surcharge of £156 quashed.
Not applicable given the date of the earliest offence and the lack of a fine imposed.