Abbass, R. v [2023] EWCA Crim 540 (03 May 2023)

Abbass, R. v [2023] EWCA Crim 540 (03 May 2023)

The sentence of 18 years' imprisonment with a six year licence period was not manifestly excessive given the seriousness, planning, and aggravating features of the offences. The judge was entitled to find dangerousness and impose an extended sentence for public protection. The appeal was dismissed as the sentence was neither excessive nor wrong in principle.

Citation
[2023] EWCA Crim 540
Parties
Prosecution: Rex; Applicant: Abbas Abbass
Jurisdiction
England and Wales
Judgment Date
03 May 2023
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Rape, Sexual Offences, Sentencing, Dangerousness, Extended Determinate Sentence
Criminal Law Rape Sexual Offences Sentencing Dangerousness Extended Determinate Sentence

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Parties

Rex

Prosecution

Abbas Abbass

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 18 years' imprisonment with a six year licence period was manifestly excessive
  2. 2 Whether the judge was correct to find the applicant dangerous for the purposes of section 280 of the Sentencing Act 2020
  3. 3 Whether an extended sentence was necessary for the protection of the public

Ratio Decidendi

The sentence of 18 years' imprisonment with a six year licence period was not manifestly excessive given the seriousness, planning, and aggravating features of the offences. The judge was entitled to find dangerousness and impose an extended sentence for public protection. The appeal was dismissed as the sentence was neither excessive nor wrong in principle.

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed.
  • Clarification: Counts 1 and 2 (rape) to be recorded as 18 years' custody with six year extended licence; count 3 (assault by penetration) as 10 years' standard custody; all sentences concurrent.