A man was jailed for sexually assaulting a woman. He said it wasn't him, and the judge didn't believe him. The judge considered his family but still thought he needed to go to jail because of the seriousness of the crime and his lack of remorse. The appeal court agreed.
Key Facts
- •Desmond Odunlami was convicted of sexual assault contrary to section 3 of the Sexual Offences Act 2003.
- •The assault occurred in a Plumstead bar on March 11, 2022.
- •Odunlami persistently tried to engage the complainant despite her refusal.
- •He grabbed and dragged her, attempting to humiliate her by thrusting money in her face.
- •The complainant struck Odunlami with a champagne bottle.
- •Odunlami maintained his innocence throughout, claiming mistaken identity.
- •He was sentenced to 12 months' imprisonment.
- •He appealed against sentence.
- •Odunlami is a primary carer for his 6-year-old stepdaughter.
- •He came to the UK from Nigeria and has a pending asylum application.
- •A pre-sentence report assessed him as low risk of reconviction but medium risk of further sexual offending.
Legal Principles
Reporting restrictions under the Sexual Offences (Amendment) Act 1992 apply to prevent identification of victims.
Sexual Offences (Amendment) Act 1992
Sentencing guidelines for sexual offences, considering factors for suspension of sentence.
Definitive guideline category 2B and 'Imposition of Community and Custodial Sentences'
Outcomes
Appeal dismissed.
The Recorder's decision was justified. He correctly applied the sentencing guidelines, considered all relevant factors (including lack of remorse and limited prospects for rehabilitation due to Odunlami's denial), and the impact on dependents was not significantly harmful.