PD, R. v [2022] EWCA Crim 992 (07 July 2022)

PD, R. v [2022] EWCA Crim 992 (07 July 2022)

The original sentences were unduly lenient because the judge misapplied the Sentencing Council Guideline by under-categorising the seriousness of the offences, failed to properly account for multiple aggravating factors including severe psychological harm, additional degradation, violence, particular vulnerability, sustained assault, abuse of trust, and previous violence, and did not elevate the lead sentence to reflect the totality of the offending. The appropriate sentence for the lead offence (assault by penetration) was nine years' custody, with two years for sexual assault, both to run concurrently.

Citation
[2022] EWCA Crim 992
Parties
Prosecution: Regina; Offender: P. D.
Jurisdiction
England and Wales
Judgment Date
07 July 2022
Procedural Posture
Criminal Appeal Reference by Attorney General (unduly Lenient Sentence) / Court of Appeal Judgment on Reference Under S.36 Criminal Justice Act 1988
Outcome
Reference allowed; sentences on counts 3 and 6 quashed and substituted with increased terms; all sentences to run concurrently.
Legal Topics
Sentencing, Sexual Offences, Domestic Violence, Appeals, Unduly Lenient Sentences
Criminal Law Sentencing Sexual Offences Domestic Violence Appeals Unduly Lenient Sentences

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Parties

Regina

Prosecution

P. D.

Offender

Procedural Posture

Criminal Appeal Reference by Attorney General (unduly Lenient Sentence) / Court of Appeal Judgment on Reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original sentences for sexual assault, common assault, and assault by penetration were unduly lenient
  2. 2 Proper categorisation of offences under the Sentencing Council Guideline on Sexual Offences
  3. 3 Appropriate aggravating and mitigating factors in sentencing for domestic sexual violence

Ratio Decidendi

The original sentences were unduly lenient because the judge misapplied the Sentencing Council Guideline by under-categorising the seriousness of the offences, failed to properly account for multiple aggravating factors including severe psychological harm, additional degradation, violence, particular vulnerability, sustained assault, abuse of trust, and previous violence, and did not elevate the lead sentence to reflect the totality of the offending. The appropriate sentence for the lead offence (assault by penetration) was nine years' custody, with two years for sexual assault, both to run concurrently.

Court Disposition

Reference allowed; sentences on counts 3 and 6 quashed and substituted with increased terms; all sentences to run concurrently.

Orders

  • Count 3: sentence increased to two years' imprisonment
  • Count 6: sentence increased to nine years' imprisonment