Yuel (aka Berhe), R v

Yuel (aka Berhe), R v

The sentences imposed were unduly lenient. The offending was of particular gravity, involving multiple rapes, targeting and following a lone woman, breach of an SHPO, and previous similar offences. The case fell within category 1B harm under the Sentencing Guidelines, requiring a starting point of 12 years. The offender was extremely dangerous, and an extended sentence was necessary for public protection. The appropriate sentence was a custodial term of 14 years on each rape count, with an extended licence period of 5 years, in addition to the hybrid order under section 45A Mental Health Act 1983.

Parties
Applicant: Attorney General (Solicitor General); Respondent/offender: Aman Yuel (also known as Samuel Berhe)
Jurisdiction
England and Wales
Judgment Date
04 October 2019
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under Section 36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased
Legal Topics
Rape, Sexual Offences, Dangerousness, Extended Sentences, Hybrid Orders, Mental Disorder and Sentencing
Criminal Law Sentencing Mental Health Law Rape Sexual Offences Dangerousness Extended Sentences Hybrid Orders +1 more

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Parties

Attorney General (Solicitor General)

Applicant

Aman Yuel (also known as Samuel Berhe)

Respondent/offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under Section 36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentences imposed for multiple rapes and breach of SHPO were unduly lenient
  2. 2 Whether the offending should be categorised as harm category 1 or 2 under the Sentencing Guidelines
  3. 3 Whether an extended sentence was required for public protection in addition to a hybrid order under section 45A Mental Health Act 1983

Ratio Decidendi

The sentences imposed were unduly lenient. The offending was of particular gravity, involving multiple rapes, targeting and following a lone woman, breach of an SHPO, and previous similar offences. The case fell within category 1B harm under the Sentencing Guidelines, requiring a starting point of 12 years. The offender was extremely dangerous, and an extended sentence was necessary for public protection. The appropriate sentence was a custodial term of 14 years on each rape count, with an extended licence period of 5 years, in addition to the hybrid order under section 45A Mental Health Act 1983.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Custodial term of 14 years imposed on each rape count (counts 1-6)
  • Extended licence period of 5 years imposed on each rape count