Odeyemi, R. v [2026] EWCA Crim 162 (30 January 2026)

Odeyemi, R. v [2026] EWCA Crim 162 (30 January 2026)

The trial judge was correct to refuse severance of the breach of Sexual Risk Order count as the counts were inextricably linked and any prejudice could be addressed by judicial directions; the judge's directions on intoxication, consent, and adverse inference were legally correct; the finding of dangerousness and the extended sentence were justified by the facts and risk assessment; and the Sexual Harm Prevention Order was necessary and proportionate.

Citation
[2026] EWCA Crim 162
Parties
Prosecution: Rex; Applicant: Seyi Odeyemi
Jurisdiction
England and Wales
Judgment Date
30 January 2026
Procedural Posture
Criminal Appeal / Renewed Applications for Leave to Appeal Against Conviction and Sentence
Outcome
Renewed applications for leave to appeal against conviction and sentence refused.
Legal Topics
Rape, Sexual Risk Order, Appeal Against Conviction, Appeal Against Sentence, Severance of Counts, Jury Directions, Intoxication and Consent, Section 34 Criminal Justice and Public Order Act 1994, Dangerous Offender, Extended Sentence, Sexual Harm Prevention Order
Criminal Law Rape Sexual Risk Order Appeal Against Conviction Appeal Against Sentence Severance of Counts Jury Directions Intoxication and Consent +4 more

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Parties

Rex

Prosecution

Seyi Odeyemi

Applicant

Procedural Posture

Criminal Appeal / Renewed Applications for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in refusing to sever the count of breach of Sexual Risk Order from the indictment
  2. 2 Whether the judge's directions to the jury on intoxication, consent, and adverse inference from a 'no comment' interview were legally correct
  3. 3 Whether the finding of dangerousness and the imposition of an extended sentence were justified

Ratio Decidendi

The trial judge was correct to refuse severance of the breach of Sexual Risk Order count as the counts were inextricably linked and any prejudice could be addressed by judicial directions; the judge's directions on intoxication, consent, and adverse inference were legally correct; the finding of dangerousness and the extended sentence were justified by the facts and risk assessment; and the Sexual Harm Prevention Order was necessary and proportionate.

Court Disposition

Renewed applications for leave to appeal against conviction and sentence refused.

Orders

  • Leave to appeal against conviction refused.
  • Leave to appeal against sentence refused.