The Court of Criminal Appeal allowed P.S.’s appeal against sentence and replaced the life sentences with a 15-year term, the final two and a half years suspended. It also ordered ten years of post-release supervision after release, including psychological counselling as directed by the Probation Service and compliance with its directions.
P.S. had pleaded guilty to 11 sample counts at the Central Criminal Court on 5 November 2007, including rape and attempted rape involving two anonymised victims, J.S. and B.S., and sexual assault. The offences took place between January 2004 and August 2006, when the boys were aged nine to 11 and 11 to 13 respectively.
The appeal judgment described the offences as involving significant violence, a breach of trust and repeated abuse over two and a half years. It said the victims were involved in offences in each other’s presence. P.S. had been a friend of their father and older brother. He made full admissions after his arrest, pleaded guilty early and expressed remorse.
At sentencing, the trial judge said the offences warranted 12 years, reduced to ten to reflect mitigating factors. But, citing P.S.’s previous sexual-offence convictions and his failure to respond to earlier significant sentences, the judge imposed life sentences, finding the case fell within a small category warranting a non-mandatory life term.
The Court of Criminal Appeal held that the trial judge had correctly assessed the aggravating and mitigating factors and was entitled to view P.S. as a continuing danger to the public. It nevertheless found an error in principle in imposing life imprisonment. The court said the offences’ seriousness and P.S.’s record required a substantial sentence and supervision, but that a determinate term was appropriate in this case.
The court granted leave to appeal and allowed the appeal. The suspended portion is conditional on P.S. attending psychological counselling and complying with Probation Service directions during post-release supervision; the judgment states that failure would require him to serve that portion. The supervision conditions apply for ten years following release.