R v BTU

R v BTU

The original convictions for incest under the Sexual Offences Act 1956 were substituted with convictions under s.64 Sexual Offences Act 2003, as the facts admitted by the appellant supported the latter offence. The sentences for rape were manifestly excessive given the guideline range and circumstances; a total sentence of 21 years' imprisonment was just and proportionate.

Parties
Applicant: BTU; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
09 February 2024
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against sentence allowed; appeal against conviction not allowed or dismissed but substituted under s.3A Criminal Appeal Act 1968
Legal Topics
Sexual Offences, Appeal Against Conviction, Appeal Against Sentence, Incest, Rape, Indecent Assault, Sentencing Guidelines, Substitution of Conviction
Criminal Law Sexual Offences Appeal Against Conviction Appeal Against Sentence Incest Rape Indecent Assault Sentencing Guidelines +1 more

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Parties

BTU

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction for incest under the Sexual Offences Act 1956 should be substituted with the correct offence under the Sexual Offences Act 2003
  2. 2 Whether the sentence imposed for rape and related offences was manifestly excessive

Ratio Decidendi

The original convictions for incest under the Sexual Offences Act 1956 were substituted with convictions under s.64 Sexual Offences Act 2003, as the facts admitted by the appellant supported the latter offence. The sentences for rape were manifestly excessive given the guideline range and circumstances; a total sentence of 21 years' imprisonment was just and proportionate.

Court Disposition

Appeal against sentence allowed; appeal against conviction not allowed or dismissed but substituted under s.3A Criminal Appeal Act 1968

Orders

  • Sentences of 23 years for rape quashed and substituted with concurrent sentences of 19 ½ years' imprisonment
  • Concurrent sentence of 18 months for indecent assault remains unaltered