R v R.A.T.S.H.

R v R.A.T.S.H.

There was insufficient evidence to be sure that the oral rape caused the transmission of a sexually transmitted infection; the judge should have sentenced on the basis most favourable to the applicant. However, the overall sentence was not manifestly excessive given the seriousness and multiplicity of offences.

Parties
Prosecution: Rex; Applicant: RATSH
Jurisdiction
England and Wales
Judgment Date
11 November 2022
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence and Extension of Time
Outcome
application for leave to appeal against sentence and extension of time granted; substantive appeal dismissed
Legal Topics
Sexual Offences, Sentencing, Appeals, Reporting Restrictions
Criminal Law Sexual Offences Sentencing Appeals Reporting Restrictions

Case Brief

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Parties

Rex

Prosecution

RATSH

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence and Extension of Time

Legal Issues

  1. 1 Whether the sentencing judge was correct to find that the applicant transmitted a sexually transmitted disease to the victim, thereby increasing the sentence for oral rape
  2. 2 Whether the overall sentence was manifestly excessive

Ratio Decidendi

There was insufficient evidence to be sure that the oral rape caused the transmission of a sexually transmitted infection; the judge should have sentenced on the basis most favourable to the applicant. However, the overall sentence was not manifestly excessive given the seriousness and multiplicity of offences.

Court Disposition

application for leave to appeal against sentence and extension of time granted; substantive appeal dismissed

Orders

  • final sentence of 18 years and 4 months’ imprisonment, together with an extended licence period of one year, upheld
  • statutory surcharge order imposed