Kirkham, R v [2020] EWCA Crim 197 (11 February 2020)

Kirkham, R v [2020] EWCA Crim 197 (11 February 2020)

The trial judge correctly excluded evidence as irrelevant to consent and the convictions were not unsafe. The sentence was excessive due to misapplication of the 'particularly vulnerable' category; the appropriate sentence was 10 years for rape counts, not 12.

Source-derived case information.

Citation
[2020] EWCA Crim 197
Parties
Prosecution: Regina; Appellant: Gavin Michael Kirkham
Jurisdiction
England and Wales
Judgment Date
11 February 2020
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal against conviction refused; appeal against sentence allowed in part.
Legal Topics
Sexual Offences, Rape, Assault by Penetration, Sexual Assault, Admissibility of Evidence, Sentencing Guidelines
Criminal Law Sexual Offences Rape Assault by Penetration Sexual Assault Admissibility of Evidence Sentencing Guidelines

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Gavin Michael Kirkham

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in refusing to admit evidence under section 41 of the Youth Justice and Criminal Evidence Act 1999
  2. 2 Whether the conviction was unsafe due to exclusion of evidence
  3. 3 Whether the sentence imposed was manifestly excessive and misapplied sentencing guidelines

Ratio Decidendi

The trial judge correctly excluded evidence as irrelevant to consent and the convictions were not unsafe. The sentence was excessive due to misapplication of the 'particularly vulnerable' category; the appropriate sentence was 10 years for rape counts, not 12.

Court Disposition

Appeal against conviction refused; appeal against sentence allowed in part.

Orders

  • Sentence of 12 years on counts 4 and 5 quashed and substituted with 10 years each to run concurrently.
  • Remaining sentences and ancillary orders undisturbed.