BNR & Anor, R. v [2021] EWCA Crim 1798 (05 November 2021)

BNR & Anor, R. v [2021] EWCA Crim 1798 (05 November 2021)

The sentences imposed were manifestly excessive in light of the totality principle and the absence of penetration offences; the appropriate sentences are 13 years 6 months for the husband and 6 years 9 months for the wife. The categorisation of the offences and the ancillary orders were appropriate.

Citation
[2021] EWCA Crim 1798
Parties
Prosecution: Regina; Appellant/husband: BNR; Appellant/wife: BBJ
Jurisdiction
England and Wales
Judgment Date
05 November 2021
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals allowed; sentences quashed and substituted.
Legal Topics
Sexual Offences, Sentencing, Appeal, Totality Principle, Sexual Harm Prevention Orders, Restraining Orders
Criminal Law Sexual Offences Sentencing Appeal Totality Principle Sexual Harm Prevention Orders Restraining Orders

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Parties

Regina

Prosecution

BNR

Appellant/husband

BBJ

Appellant/wife

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed were manifestly excessive
  2. 2 Whether the categorisation of offences under the Sentencing Guidelines was correct
  3. 3 Whether the restraining order and sexual harm prevention orders were appropriate

Ratio Decidendi

The sentences imposed were manifestly excessive in light of the totality principle and the absence of penetration offences; the appropriate sentences are 13 years 6 months for the husband and 6 years 9 months for the wife. The categorisation of the offences and the ancillary orders were appropriate.

Court Disposition

Appeals allowed; sentences quashed and substituted.

Orders

  • Husband's sentence reduced to 13 years 6 months' imprisonment.
  • Wife's sentence reduced to 6 years 9 months' imprisonment.