[2025] EWCA Crim 1467

The provisions of the Sexual Offences (Amendment) Act 1992 apply to this offence. Under those provisions, where an allegation has been made that a sexual offence has been committed against a person, no matter relating to that person shall during that person's lifetime be included in any publication if it is likely to lead members of the public to identify that person as the victim of that offence. This prohibition applies unless waived or lifted in accordance with section 3 of the Act. For the avoidance of doubt, we do not waive or lift the prohibition.

His Majesty's Solicitor General applies for leave to refer a sentence which he regards as unduly lenient. The sentence was passed by HHJ Rupert Lowe, after the offender had been convicted by the jury of four offences of rape. The aggregate sentence was one of 8 years' imprisonment structured as follows. The sentence on count 1 was one of 6 years. The sentence on each of counts 2, 3 and 4 was 2 years consecutive to count 1 but concurrent with other counts.

The offender is 60 years old. He has some relatively minor previous convictions but none for sexual offending. The judge reasonably described his antecedents as "relatively sparse". His victim was a 68-year-old woman (who we shall call "V") who the judge described in his sentencing remarks as having "significant personal difficulties". She walked with a walking aid, she had learning difficulties and at the material time she had an injured knee. She was for these reasons vulnerable.