HLN, R. v [2023] EWCA Crim 1356 (02 November 2023)

HLN, R. v [2023] EWCA Crim 1356 (02 November 2023)

The judge erred in finding dangerousness, as the appellant's reaction to factual errors was mischaracterised as lack of remorse, and there was insufficient evidence of significant risk to the public. The determinate sentence of 11 years was upheld, but the extended licence period was quashed.

Citation
[2023] EWCA Crim 1356
Parties
Appellant: HLN; Respondent: Rex (The Crown)
Jurisdiction
England and Wales
Judgment Date
02 November 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part
Legal Topics
Rape, Sentencing, Dangerousness, Appeal Procedure
Criminal Law Rape Sentencing Dangerousness Appeal Procedure

Case Brief

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Parties

HLN

Appellant

Rex (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the judge identified the correct harm category for sentencing
  2. 2 Whether the determinate sentence of 11 years was manifestly excessive
  3. 3 Whether the judge was right to find the appellant was a dangerous offender

Ratio Decidendi

The judge erred in finding dangerousness, as the appellant's reaction to factual errors was mischaracterised as lack of remorse, and there was insufficient evidence of significant risk to the public. The determinate sentence of 11 years was upheld, but the extended licence period was quashed.

Court Disposition

Appeal allowed in part

Orders

  • Quash the finding of dangerousness
  • Substitute a determinate sentence of 11 years' imprisonment