R v Abdul Raheem Howe
[2024] EWCA Crim 1224
R v Lucas Ndhlovu
22 February 2024
[2024] EWCA Crim 231
Court of Appeal
A man was convicted of rape. He appealed his conviction and sentence. The court threw out his appeal because there wasn't enough evidence to overturn the guilty verdict. However, they fixed a couple of minor mistakes in how the sentence was officially recorded.
Key Facts
- •Appellant convicted of two counts of rape and acquitted of three counts of rape and one sexual assault at Leeds Crown Court.
- •Sentenced to five years' imprisonment.
- •Renewed application for leave to appeal against conviction and appeal against sentence.
- •Appellant sought to rely on fresh evidence from a previous girlfriend.
- •Issues with sentencing: individual sentences not pronounced in court, and surcharge order imposed administratively.
- •Appellant claimed issues with text translation and significance of a consent video sent by the complainant.
Legal Principles
An administratively recorded sentence is not valid.
R v Whitwell [2018] EWCA Crim 2301, [2019] 1 Cr.App.R (S) 19
The Sexual Offences (Amendment) Act 1992 provides for lifelong anonymity to the complainant in sexual offence cases.
Sexual Offences (Amendment) Act 1992
Section 1(1) of the Sexual Offences Act 2003 defines the offence of rape.
Sexual Offences Act 2003
Outcomes
Refused extension of time for seeking leave to appeal against conviction.
No arguable grounds against conviction.
Refused leave to appeal against conviction.
No arguable grounds against conviction.
Confirmed sentence of five years' imprisonment on each count of rape, concurrent.
No errors in sentencing identified, not manifestly excessive or unlawful.
Quashed the victim surcharge order of £170.
The surcharge order was imposed administratively, not pronounced in open court.