[2025] EWCA Crim 1196

The police seized items of technology from those involved and analysed them. The appellant had a folder on his laptop called "Booboo" which was a name that he had for the complainant. In that folder were a number of recordings from a camera that the appellant had placed in the complainant's bedroom. He kept videos which showed the complainant in a state of undress. The appellant was unable to explain why these had been saved in the "Booboo" folder on his laptop. Count 12 related to him having indecent images of a child, which were six videos of the complainant undressing. The appellant said that any videos that he had of the complainant were for the legitimate purpose of helping her with her night terrors.

Text messages showed a number of disturbing exchanges between them, such as the appellant asking the complainant for a sexy picture every day, expressing disappointment that she was still wearing knickers in a picture that she sent him and saying that he felt like a jealous boyfriend rather than a father.

The complainant made a victim impact statement. She spoke of physical, sexual and mental abuse affecting her lack of self-confidence about her body in a profound way. It has led to her suffering depression, anxiety and post traumatic stress disorder. She wrote a suicide note at the age of 16. Her isolation was made greater because her mother stood by the appellant. She has a hard time trusting any man in any context and she is fearful when she is by herself at night. She says that she has to battle every day to keep herself alive, but that she has grown as a person and keeps fighting.

We recognise the very serious consequences that these offences have had on the childhood and life of the complainant. We pay tribute to her and how she has (in her own words), despite everything, managed to grow as a person and to keep fighting.

The appellant never admitted any of his wrongdoing and hence there were two trials without any guilty pleas. The author of the pre-sentence report stated:

Whilst the appellant does not stand to be sentenced additionally for having pleaded not guilty, it does evidence a total absence of remorse for his actions. Accordingly, there is no mitigation in this regard.

The appellant was aged 66 years at the time of sentence. He was of previous good character. He was diagnosed at the time of sentence as having "mild cognitive impairment as a result of cerebrovascular disease or early Lewy body disease”. The judge took this into account as mitigation.

The appellant was sentenced to a total of 16 years' imprisonment. It comprised nine years' imprisonment on count 7, with concurrent sentences of five years' imprisonment on each of counts 4 and 5, and three years' imprisonment on count 6. In respect of count 2, he was sentenced to six years' imprisonment, which was ordered to run consecutively to the other sentences. On count 3 he was sentenced to six months' imprisonment which was ordered to run consecutively. On count 9 he was sentenced to six months' imprisonment, which was ordered to run consecutively. On count 12 he was sentenced to three months' imprisonment, which was ordered to run concurrently.

The submissions made by Miss Larton on behalf of the appellant fall into three, comprising the following: ground 1, that the sentence of nine years' imprisonment imposed on count 7 (attempted rape) was manifestly excessive because there was no rape, the acts were brief and went only a little way beyond being merely preparatory; ground 2, that the sentence of six years' imprisonment imposed on count 2 was manifestly excessive because there was no violence or threat to the victim and the abuse of trust must not be double counted; and ground 3, that the overall sentence of 16 years' imprisonment was too high and failed to take into account adequately the totality principle.