Hassan, R. v

Hassan, R. v

The trial judge could not reasonably have limited himself to a determinate sentence without a risk assessment in a pre-sentence report indicating that the defendant did not present a high risk of serious harm to the public. The absence of such a report and the aggravating features of the offences required the imposition of an extended determinate sentence.

Parties
Applicant: Attorney General; Respondent: Olawale Hassan
Jurisdiction
England and Wales
Judgment Date
11 March 2021
Procedural Posture
Criminal Appeal / Reference by Attorney General for Review of Sentence
Outcome
sentence increased
Legal Topics
Rape, Assault by Penetration, Sentencing, Dangerousness, Extended Determinate Sentence
Criminal Law Rape Assault by Penetration Sentencing Dangerousness Extended Determinate Sentence

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Parties

Attorney General

Applicant

Olawale Hassan

Respondent

Procedural Posture

Criminal Appeal / Reference by Attorney General for Review of Sentence

Legal Issues

  1. 1 Whether the sentence imposed on Olawale Hassan was unduly lenient for the offences of rape and assault by penetration
  2. 2 Whether the trial judge erred in not imposing an extended determinate sentence under the dangerousness provisions

Ratio Decidendi

The trial judge could not reasonably have limited himself to a determinate sentence without a risk assessment in a pre-sentence report indicating that the defendant did not present a high risk of serious harm to the public. The absence of such a report and the aggravating features of the offences required the imposition of an extended determinate sentence.

Court Disposition

sentence increased

Orders

  • Determinate sentences on the three counts of rape quashed and substituted with extended determinate sentences: custodial term of 10 years 2 months' imprisonment concurrent in each case and a licence period of 3 years, making a total sentence of 13 years 2 months' imprisonment.
  • Same course taken with the concurrent sentence of 7 years 10 months imprisonment in respect of the assault by penetration.