R v Ian Featherstone
[2023] EWCA Crim 597
R v Terence Maurice Burke
13 September 2024
[2024] EWCA Crim 1181
Court of Appeal
A school teacher was convicted of sexually abusing two students. He was given an 18-year prison sentence. The court decided that the sentence was fair even though he was old and sick, because he seriously abused the trust placed in him as a teacher and the person responsible for safeguarding children at the school.
Key Facts
- •Terence Maurice Burke, a former head of history and safeguarding lead at Falmouth Secondary School, was convicted of 16 sexual offences against two vulnerable female students (Child A and Child B) between 2000 and 2005.
- •The offences included kissing, digital penetration, full sexual intercourse, and oral sex.
- •Burke exploited his position of trust and groomed the girls with gifts and attention.
- •The offences against Child A occurred when she was 15 and continued after she turned 16.
- •The offences against Child B occurred when she was 15 and 16.
- •Burke was 75 years old at sentencing and had no prior convictions.
- •The sentencing judge imposed an 18-year prison sentence (8 years consecutive to 10 years).
- •The judge considered the principle of totality and the aggravating factors of Burke's position of trust and the extensive nature of the abuse.
Legal Principles
Sexual Offences (Amendment) Act 1992: Prohibition on publishing information identifying victims of sexual offences.
Sexual Offences (Amendment) Act 1992
Sentencing guidelines for sexual offences against children, considering the age of the victim, the nature of the offences, and the principle of totality.
Modern sentencing guideline (unnamed in judgement)
Outcomes
The renewed application for leave to appeal against sentence was refused.
The Court of Appeal found that the sentence, while severe, was not wrong in principle or manifestly excessive. The judge properly considered the totality principle and the aggravating factors, particularly Burke's gross breach of trust.