Key Facts
- •Appellant (Nathan Hunter) pleaded guilty to seven offences: one count of committing an offence with intent to commit a sexual offence (section 62(1) of the Sexual Offences Act 2003), one count of kidnapping, one count of strangulation, and four counts of assaulting emergency workers.
- •The offences stemmed from an incident where the appellant followed a 21-year-old woman, attacked her, strangled her, and assaulted police officers upon arrest.
- •The appellant had 26 previous convictions, including a previous section 62 offence.
- •The appellant's mental health was considered during sentencing, but the judge found it did not significantly reduce culpability.
- •The judge sentenced the appellant to life imprisonment with a minimum term of 4 years and 130 days.
Legal Principles
Reporting restrictions under the Sexual Offences (Amendment) Act 1992 apply.
Sexual Offences (Amendment) Act 1992
Sentencing guidelines for section 62 offences should be commensurate with the preliminary offence, with enhancement reflecting the intended sexual offence.
Section 62 Offences Guideline
In cases where a defendant pleads guilty, sentencing is usually based on the prosecution's case unless a written basis of plea is accepted or a Newton hearing is held.
R v Tolera (Nathan) [1999] 1 Cr App R 29
The prosecution's failure to specify a particular sexual offence in a charge under section 63 (or section 62) does not automatically invalidate the indictment; the fairness of the proceedings is key.
R v Pacurar [2016] EWCA Crim 569
A life sentence can be imposed under sections 285 and 308 of the Sentencing Act 2020 if the offender is deemed dangerous and the seriousness of the offence warrants it.
Sentencing Act 2020, sections 285 and 308
Outcomes
Appeal against sentence dismissed.
The court found the judge was entitled to sentence the appellant based on an intention to rape, given the evidence and the appellant's failure to provide an alternative account. The life sentence and minimum term were not considered manifestly excessive.