The Court of Appeal quashed a sentence it had previously found unduly lenient and resentenced a man to nine years’ imprisonment for rape, suspending the final two years on terms. The court said the assault count would be taken into consideration and that post-release supervision would remain unchanged.
The respondent had pleaded guilty to rape and assault causing harm. The Central Criminal Court had sentenced him to seven years, with the final two years suspended. On 31 May 2019, the Court of Appeal found that sentence unduly lenient but deferred quashing it until it received a further probation report.
In its earlier review, the Court of Appeal said the respondent had punched the complainant five or six times in the face and raped her in her home. It identified the additional violence, the injuries and the impact on the victim as aggravating features. The court also said the guilty plea, entered on the third day after the case was listed for trial, could not be considered early.
The court concluded that the additional violence beyond that inherent in the rape made the original sentence a substantial departure from the appropriate sentence. It then received updated probation reports dated 16 July and 3 October 2019. The judgment said neither was entirely favourable. The respondent had received 19 prison disciplinary procedures, lost enhanced-prisoner status and been placed on a protection regime following bullying and intimidation of others. He had previously declined a sex-offender treatment programme while his appeal was ongoing, but counsel told the court he was now willing to participate.
For resentencing, the court set an 11-year headline sentence. It reduced that to nine years to account for mitigation, including the guilty plea, a late expression of remorse and the time elapsed since the original sentence. It suspended the final two years, citing the disappointment factor and the aim of supporting rehabilitation. The judgment described willingness to join the programme as a first step.