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R v Emil Anton

[2023] EWCA Crim 1039
A man tried to rape a 15-year-old girl. He was given a life sentence because the judge thought he was very dangerous and likely to do it again. The court agreed with the life sentence.

Key Facts

  • Emil Anton, a 36-year-old Romanian national, was convicted of attempted rape, threatening another with an offensive weapon, and theft.
  • The victim, a 15-year-old schoolgirl (referred to as 'C'), was attacked on August 22, 2021, while walking home.
  • Anton pursued C in his car, forced her to the ground, threatened her with a knife, assaulted her, and attempted to rape her.
  • The attack lasted approximately 13 minutes and caused significant physical and psychological harm to C.
  • Anton's DNA was found on C and her belongings, corroborating her account.
  • Anton had previous convictions, including a serious violent offense in Romania.
  • A pre-sentence report assessed Anton as posing a high risk of serious harm to women and children.

Legal Principles

Reporting restrictions under the Sexual Offences (Amendment) Act 1992 apply to protect the identity of victims of sexual offences.

Sexual Offences (Amendment) Act 1992, Section 3

Sentencing guidelines for rape and attempted rape consider harm and culpability factors, including planning.

Sentencing Guidelines, R v Dogra [2019] 2 Cr App R(S) 9, R v Jones (Kelsey) [2023] 2 Cr App R(S) 1, R v Patrick [2021] EWCA Crim 253

A life sentence can be imposed if there is a significant risk of serious harm from further serious offences.

Sentencing Act 2020, section 274; Attorney General’s Reference 27 of 2013 (R v Burinskas) [2014] 1 WLR 4209

Outcomes

The appeal against sentence was dismissed.

The judge's assessment of harm and culpability was justified, and the life sentence was deemed necessary to protect the public.

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