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England and Wales decisions
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The offence should have been categorised as 1B, not 1A, because there was insufficient evidence of significant planning; the combination of harm factors justified category 1 for harm, but not category A for culpability; the sentence of 15 years was manifestly excessive and is substituted with 12 years.
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The original sentence of 9 years was unduly lenient given the frequency and duration of the rapes, the severe and ongoing psychological harm, and the additional trauma caused by pregnancy. The proper sentence reflecting the totality of criminality and aggravating features is 16 years' imprisonment on each lead count, concurrent.
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There was sufficient evidence for the jury to consider whether the appellant reasonably believed the complainant was consenting, given the circumstances of the encounter, the complainant's state, and the appellant's actions. The judge was correct to refuse the submission of no case to answer, and the conviction is safe.
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The judge exercised proper discretion in addressing the juror's note. The note did not unequivocally indicate prejudice or bias, and the judge's repeated directions to the jury were sufficient. There was no irregularity in the trial and no basis for concluding the conviction was unsafe.
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The Court of Appeal dismissed Matthew Dickens’s appeal against rape convictions, finding no unsafe trial from the section 41 issue, neurodiversity, or medical evidence.
Dickens, R. v [2026] EWCA Crim 542 (08 May 2026)
The Court of Appeal Criminal Division dismissed Matthew Dickens’s appeal against rape convictions, rejecting challenges about section 41, neurodiversity, and trial fairness.
Metcalf v R. [2026] EWCA Crim 412 (01 April 2026)
The Court of Appeal dismissed Lee Metcalf’s conviction appeal, holding that fresh psychiatric evidence did not show he was unfit for interview or trial, and did not make the conviction unsafe.
The Court of Appeal dismissed Lee Metcalf’s conviction appeal, holding he was fit to be interviewed, the interview was admissible, and no intermediary was required.
The Court of Appeal upheld Shane Ryan Brooks’s conviction for rape and refused leave to appeal sentence, holding the excluded other-bad-character evidence was inadmissible.
Ball, R. v [2026] EWCA Crim 483 (27 March 2026)
The Court Martial Appeal Court refused leave to appeal conviction but allowed the sentence appeal, reducing a nine-year rape sentence to seven and a half years.
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