R v DEF
[2024] EWCA Crim 1303
R v WHD
1 February 2024
[2024] EWCA Crim 99
Court of Appeal
A man was convicted of sexually abusing his daughters and a cousin. He argued his PTSD from military service caused the abuse. The court didn't buy it, saying his actions were driven by sexual desire, not PTSD. His sentence stayed, but a small court fee was canceled because of a technicality.
Key Facts
- •Appellant (W.H.D.) pleaded guilty to multiple sexual offences against his daughters and their cousin (August 6, 2018).
- •Sentenced to 13 years and 6 months' imprisonment plus a £170 victim surcharge.
- •Offences spanned 2005-2017, involving sexual assault, sexual activity with a child, and voyeurism.
- •Appellant appealed against sentence, seeking to introduce fresh expert evidence on PTSD as a contributing factor to his offending.
- •Competing expert evidence presented by Dr. Desautels (supporting PTSD as a contributing factor) and Dr. Blackwood (disputing the link).
Legal Principles
Admission of fresh evidence on appeal.
Section 23 of the Criminal Appeal Act 1968
Sentencing offenders with mental disorders.
Sentencing Council's Guideline on Sentencing Offenders with Mental Disorders, Developmental Disorders or Neurological Impairments
Victim surcharge application.
Criminal Justice Act 2003 (Surcharge) Order 2012
Outcomes
Appeal against sentence dismissed.
Court found insufficient causal link between appellant's PTSD and offending; sexual motivation was the primary driver.
Victim surcharge quashed.
Surcharge order deemed unlawful due to offences spanning pre- and post-October 1, 2012 (commencement date of the relevant surcharge provisions).