BTU, R. v [2024] EWCA Crim 1006 (19 July 2024)

BTU, R. v [2024] EWCA Crim 1006 (19 July 2024)

The convictions for incest under the 1956 Act were erroneous as the offences occurred in 2007 and should have been charged under s.64 Sexual Offences Act 2003; the court substituted convictions accordingly under s.3A Criminal Appeal Act 1968. The sentence of 23 years for rape was manifestly excessive as the offending, while very serious, did not amount to a campaign of rape warranting a sentence above the guideline range. The appropriate sentence for the rapes is 19 ½ years, with 18 months consecutive for the substituted s.64 offences, making a total of 21 years' imprisonment.

Citation
[2024] EWCA Crim 1006
Parties
Applicant: BTU; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
19 July 2024
Procedural Posture
Criminal Appeal / Judgment on Applications for Leave to Appeal Against Sentence and Conviction, and Substantive Appeal Against Sentence
Outcome
Appeal against sentence allowed; convictions for incest substituted; sentence reduced.
Legal Topics
Sexual Offences, Incest, Rape, Indecent Assault, Sentencing, Appeal Procedure, Substitution of Conviction
Criminal Law Sexual Offences Incest Rape Indecent Assault Sentencing Appeal Procedure Substitution of Conviction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

BTU

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Applications for Leave to Appeal Against Sentence and Conviction, and Substantive Appeal Against Sentence

Legal Issues

  1. 1 Whether the convictions for incest under the Sexual Offences Act 1956 should be substituted for convictions under s.64 Sexual Offences Act 2003 due to error in charging period
  2. 2 Whether the sentence of 23 years for rape was manifestly excessive and outside the sentencing guideline range
  3. 3 Appropriate sentence for offences of sex with an adult relative under s.64 Sexual Offences Act 2003

Ratio Decidendi

The convictions for incest under the 1956 Act were erroneous as the offences occurred in 2007 and should have been charged under s.64 Sexual Offences Act 2003; the court substituted convictions accordingly under s.3A Criminal Appeal Act 1968. The sentence of 23 years for rape was manifestly excessive as the offending, while very serious, did not amount to a campaign of rape warranting a sentence above the guideline range. The appropriate sentence for the rapes is 19 ½ years, with 18 months consecutive for the substituted s.64 offences, making a total of 21 years' imprisonment.

Court Disposition

Appeal against sentence allowed; convictions for incest substituted; sentence reduced.

Orders

  • Quash sentences of 23 years on counts of rape and substitute concurrent sentences of 19 ½ years' imprisonment.
  • Concurrent sentence of 18 months for indecent assault remains unaltered.