R v Jemel Soloman Hines
[2024] EWCA Crim 757
R v Driss Serhir
18 January 2024
[2024] EWCA Crim 54
Court of Appeal
A man was convicted of raping a 12-year-old girl. He tried to appeal his conviction and sentence, saying the trial wasn't fair and his sentence was too long. The Court of Appeal disagreed, saying there was strong evidence against him and his sentence was reasonable. His appeal was rejected.
Key Facts
- •Driss Serhir (aged 21 at trial) convicted of three counts of rape of a child under 13.
- •Sentenced to three concurrent extended sentences of 12 years (9 years custody, 3 years extension) under section 279 of the Sentencing Act 2020.
- •15-year Sexual Harm Prevention Order imposed.
- •Applicant applied for leave to appeal conviction and sentence significantly outside the time limit.
- •Applicant claimed mental health issues and difficulty finding legal representation as reasons for delay.
- •Offences involved a 12-year-old girl (X) who was at risk of sexual exploitation.
- •Complainant's DNA evidence on the victim's clothing, corroborated by her testimony and other evidence.
- •Applicant's defence was denial, with explanations for the presence of his DNA deemed implausible.
- •Applicant challenged admission of bad character evidence, the defence's failure to raise prior allegations by X, the reliability of X's testimony, and a perceived interaction with a juror.
Legal Principles
Extension of time for appealing conviction and sentence granted only if in the interests of justice.
Court of Appeal Criminal Division
Interests of justice consideration involves assessing the merits of the proposed appeals.
Court of Appeal Criminal Division
Section 41 of the Youth Justice and Criminal Evidence Act 1999 restricts cross-examination of complainants in sexual offences.
Youth Justice and Criminal Evidence Act 1999
Section 41 of the Youth Justice and Criminal Evidence Act 1999 is compatible with Article 6 of the ECHR.
Court of Appeal Criminal Division
Bad character evidence admissible if relevant to an important matter in issue.
Court of Appeal Criminal Division
Sentencing guidelines for children and young persons must be considered.
Sentencing Guidelines
Extended sentences can be imposed if the offender is considered dangerous.
Sentencing Act 2020
Sexual Offences (Amendment) Act 1992 restricts publication of information identifying victims.
Sexual Offences (Amendment) Act 1992
Outcomes
Leave to appeal against conviction refused.
Overwhelming evidence supporting conviction; no arguable grounds for doubting the fairness of the trial or the safety of the conviction.
Leave to appeal against sentence refused.
Sentence was within the appropriate range, considering aggravating and mitigating factors; judge properly considered the pre-sentence report and mitigating factors.