R v AHA
[2023] EWCA Crim 1001
R v Farrell Huband
14 March 2023
[2023] EWCA Crim 317
Court of Appeal
A man was given a suspended sentence for trying to rape his unconscious girlfriend. The judge said it was too light, so they made him go to prison for four years instead.
Key Facts
- •The offender, 27, pleaded guilty to attempted rape of his then-girlfriend, X, while she was unconscious from alcohol in 2016.
- •X was 19 at the time, and the offender was 20.
- •The incident was captured on an iPad X was using.
- •The offender was sentenced to two years' imprisonment, suspended for two years, with conditions including a rehabilitation activity requirement, a programme requirement, and a restraining order.
- •The Attorney General referred the sentence as unduly lenient.
- •The offender has intellectual difficulties and a mild learning disability.
- •The offender's post-sentence attitude towards X has been poor, blaming and minimizing his actions.
Legal Principles
Sexual Offences (Amendment) Act 1992: Reporting restrictions apply to protect the identity of victims of sexual offences.
Sexual Offences (Amendment) Act 1992, Section 3
Attorney General's power to refer unduly lenient sentences under Section 36 of the Criminal Justice Act 1988.
Criminal Justice Act 1988, Section 36
Sentencing Council Guideline on Sexual Offences: Categorization of offences and sentencing ranges.
Sentencing Council Guideline on Sexual Offences
Sentencing Council Guideline for Sentencing Offenders with Developmental Disorders or Neurological Impairments: Considerations for offenders with intellectual disabilities.
Sentencing Council Guideline for Sentencing Offenders with Developmental Disorders or Neurological Impairments
Appellate interference in sentencing requires the sentence to be not only lenient, but unduly so.
R v Mohammed Arfan [2022] EWCA Crim 1416
Sentencing guidelines are not statutes and judges can depart if it is contrary to the interests of justice.
R v Butterworth [2022] EWCA Crim 1821
Outcomes
Leave to refer the sentence was granted.
The original sentence was deemed unduly lenient.
The original sentence was quashed.
The court found the original sentence to be outside the range of options reasonably open to the judge. The offence was categorized as Category 2B, requiring a custodial term of no less than six years before a guilty plea reduction.
A custodial sentence of four years was substituted.
This reflected the seriousness of the attempted rape, considering the victim's unconsciousness and the domestic context.