[2025] EWCA Crim 1173

The judge was sure, based on information provided in the victim personal statement, that the applicant had been able to stand up to the co-defendant when her property (a coat) was slashed by him with a knife. On the other hand, she had not stood up to protect the victim.

The judge found that, at times, the applicant was subjected to domestic violence, but was also sure, from her conversations with third parties, that the applicant had an interest in the sexual abuse of children.

The victim made a personal statement in which she disclosed that she had been self-harming for a considerable period of time, and indeed was doing so around the time of the trial.

The judge took into account the offence specific guideline. He noted that at the material time the maximum sentence for the offending was ten years' custody, and not 14 years to which it had been increased. The judge found that it was culpability A offending because there were multiple category B factors, including prolonged and multiple incidents of serious cruelty and neglect. There was a deliberate disregard for the welfare of the victim and a failure to take steps to prevent the victim from harm. There was one culpability D factor, namely that the applicant was the victim of domestic violence, although the judge did not accept that the applicant was coerced by the co-defendant.

The judge found that the offending was category 1 harm because of serious psychological and emotional harm caused to the victim. The judge found the offending to be category 1A, but noted that there should be a downward adjustment to reflect the culpability D factor. The starting point under the guidelines for category 1A offending was a starting point of nine years' custody, with a range of seven to 12 years. However, that was in respect of a higher maximum of 14 years and not ten years' imprisonment.

The judge found that the aggravating factors were the extreme youth of the victim, a failure to respond to warnings, and indeed a breach of the agreement in allowing the co-defendant to return home.

The judge found the mitigating factors to be the applicant's age, the age of the offence, the applicant's mental health and the domestic violence to which she had been subjected, although the judge had reflected that earlier in choosing where in the range to place this matter. The judge concluded that the aggravating factors and the mitigating factors balanced each other out.

The judge therefore imposed a sentence before discount for the guilty plea of seven years and five months' imprisonment which, with the 20 per cent discount, gave a sentence of six years' imprisonment. The judge found that the applicant was dangerous and imposed a three year extended licence period.