Hassan, R. v [2021] EWCA Crim 412 (11 March 2021)

Hassan, R. v [2021] EWCA Crim 412 (11 March 2021)

Given the predatory and manipulative nature of the offences, the aggravating features, and the previous similar convictions, the sentencing judge could not reasonably have limited himself to a determinate sentence without a risk assessment indicating no high risk of serious harm. The absence of a pre-sentence report was a material error, and an extended determinate sentence was required.

Citation
[2021] EWCA Crim 412
Parties
Prosecution: Regina; Offender: Olawale Hassan
Jurisdiction
England and Wales
Judgment Date
11 March 2021
Procedural Posture
Criminal Appeal Attorney General's Reference Under S.36 Criminal Justice Act 1988 / Court of Appeal Judgment on Reference of Sentence as Unduly Lenient
Outcome
Appeal allowed; original sentence quashed and substituted with extended determinate sentences.
Legal Topics
Sentencing, Dangerousness, Sexual Offences, Attorney General's Reference, Extended Determinate Sentence
Criminal Law Sentencing Dangerousness Sexual Offences Attorney General's Reference Extended Determinate Sentence

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Parties

Regina

Prosecution

Olawale Hassan

Offender

Procedural Posture

Criminal Appeal Attorney General's Reference Under S.36 Criminal Justice Act 1988 / Court of Appeal Judgment on Reference of Sentence as Unduly Lenient

Legal Issues

  1. 1 Whether the original determinate sentence was unduly lenient for serious sexual offences
  2. 2 Whether an extended determinate sentence should have been imposed under the dangerousness provisions of the Criminal Justice Act 2003

Ratio Decidendi

Given the predatory and manipulative nature of the offences, the aggravating features, and the previous similar convictions, the sentencing judge could not reasonably have limited himself to a determinate sentence without a risk assessment indicating no high risk of serious harm. The absence of a pre-sentence report was a material error, and an extended determinate sentence was required.

Court Disposition

Appeal allowed; original sentence quashed and substituted with extended determinate sentences.

Orders

  • Quash determinate sentences on three counts of rape and one count of assault by penetration.
  • Substitute extended determinate sentences: custodial term of 10 years 2 months' imprisonment concurrent on each rape count and 7 years 10 months on assault by penetration, each with a 3-year licence period (total 13 years 2 months).