Caselaw Digest
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R v Jake Cooke

[2024] EWCA Crim 104
A 17-year-old boy abducted and raped two 13-year-old girls. His original 5-year prison sentence was too short, so the court increased it to 9 years for each rape, to be served at the same time. The court considered the planning involved in the crime, how vulnerable the victims were, and his previous bad behaviour.

Key Facts

  • Jake Cooke, aged 17, abducted and raped two 13-year-old girls (S and G).
  • Cooke met the girls through social media.
  • The abduction involved a taxi journey, threats (including a false claim of possessing a shotgun and machete), and the use of nitrous oxide.
  • Cooke and his co-defendant, Anis Ali, took the girls to a house where Ali sexually assaulted G.
  • Cooke and Ali then took the girls to a disused church where Cooke orally and vaginally raped S and orally raped G.
  • Cooke’s mother discovered the girls at his house and alerted the police.
  • Cooke had a history of prior offences, including assault and possession of weapons.
  • Cooke was diagnosed with ADHD and had experienced a difficult childhood marked by domestic violence.

Legal Principles

Sexual Offences (Amendment) Act 1992 reporting restrictions apply to protect victims' identities.

Sexual Offences (Amendment) Act 1992

Sentencing guidelines for rape consider factors such as planning, vulnerability of victims, and use of drugs.

Sentencing Council Guideline on sentencing children and young people

Sentencing of young offenders should take into account age, maturity, and personal circumstances.

Sentencing Council Guideline on sentencing children and young people, Robinson [2020] EWCA Crim 866

Outcomes

The original sentence of five years’ detention was deemed unduly lenient.

The court found significant planning in the abduction and that the rapes should be categorized as Category A due to the severity of the offences and aggravating factors.

The sentence was increased to nine years’ detention for each of the three rape counts, to run concurrently.

This reflects the significant planning, vulnerability of victims, multiple offences, and aggravating factors.

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