R v Marcus Taylor
[2024] EWCA Crim 615
R v Jemel Soloman Hines
25 June 2024
[2024] EWCA Crim 757
Court of Appeal
A young man was convicted of rape and given a 6.5-year sentence. He appealed, arguing the sentence was too harsh. The appeal court disagreed, saying the judge had fairly considered all the facts, including the man's age and the serious impact on the victim. The sentence was upheld.
Key Facts
- •Jemel Soloman Hines (applicant) convicted of rape in February 2023.
- •Sentenced to 6 years and 6 months' imprisonment in August 2023.
- •Co-accused, Abukar Abukar, also convicted of rape.
- •Offence involved the rape of a 15-year-old victim in April 2018.
- •Applicant was 17 at the time of the offence, 22 at sentencing.
- •Applicant's previous convictions include robbery, possession of a bladed article, and possession of cannabis.
- •Victim suffered severe psychological harm, including self-harm and suicide attempts.
- •Applicant argued for insufficient weight given to mitigating factors, including his youth, immaturity, PTSD, and efforts made in custody.
- •Judge considered applicant's age, maturity, mitigating factors, and the sentencing guidelines.
Legal Principles
Sexual Offences (Amendment) Act 1992: Restrictions on publishing information identifying victims of sexual offences.
Sexual Offences (Amendment) Act 1992, s.3
Sentencing guidelines for rape: Culpability and harm categories.
Sentencing Guidelines for Rape
Sentencing of young offenders: Consideration of age and maturity.
Sentencing Guidelines for Children and Young Persons
Chall [2019] EWCA Crim 865: Expert evidence not always required for psychological harm.
Chall [2019] EWCA Crim 865
Jones [2022] EWCA Crim 1066: Planning does not need to be sophisticated to be significant.
Jones [2022] EWCA Crim 1066
Outcomes
Applicant's renewed applications for extension of time and representation order granted.
Delay was not the applicant's fault.
Appeal against sentence refused.
Judge's sentence was not wrong in principle or manifestly excessive; he properly considered all relevant factors, including mitigating circumstances.