R v Chris Warren
[2023] EWCA Crim 1645
R v Kyle Franklyn Buckley
6 September 2024
[2024] EWCA Crim 1203
Court of Appeal
A man was sentenced to 2 years in prison for sexually assaulting a shop worker. He appealed, arguing the sentence was too harsh. The court disagreed, saying the attack was serious and the sentence was fair considering all the circumstances, including his previous convictions.
Key Facts
- •Appellant pleaded guilty to sexual assault (Count 5) following a series of non-consensual acts against the complainant, a shop manager.
- •The assault involved licking the complainant's face, grabbing her breast, touching her bottom, exposing genitals, and rubbing his penis against her.
- •The offences occurred over 10 minutes, partly outside and partly inside the shop, in broad daylight.
- •Appellant was intoxicated and had a significant prior criminal record (22 convictions for 44 offences, though none for sexual offences).
- •The complainant suffered significant psychological impact, including changing jobs and experiencing anxiety and fear.
- •The judge sentenced the appellant to 2 years' imprisonment consecutive to an existing sentence, plus a 15-year restraining order.
Legal Principles
Reporting restrictions under the Sexual Offences (Amendment) Act 1992 apply to protect the victim's identity.
Sexual Offences (Amendment) Act 1992, section 3
Sentencing guidelines for sexual assault (Category 2B) provide a starting point of 1 year's custody, with a range up to 2 years.
Sexual Assault Guidelines
Totality principle in sentencing requires the overall sentence to be just and proportionate to the cumulative offending.
Case Law (implied)
Outcomes
Appeal against sentence dismissed.
The court upheld the 2-year sentence, finding the judge's starting point and application of aggravating factors justified. The totality principle was also deemed appropriately applied.