[2025] EWCA Crim 1187

THE FACTS

These offences were committed in the 1970s, some five decades before the sentencing hearing. The appellant, who is now 66, was himself a teenage boy at that time. From 1974 to 1976, the appellant regularly stayed with his older sister and her husband. When staying with his sister, the appellant shared a bedroom with his nephew. When they were alone in the bedroom the appellant got into the boy's bed with him. He would ask for a hug and, when the younger boy refused, the appellant pulled his nephew's body on top of his own. He then moved his hips up and down and gyrated his hips, rubbing his body against that of the younger boy. Both boys were clothed at the time of these offences and the nephew did not know whether the appellant had ejaculated. This was a regular occurrence whenever the appellant stayed in his nephew's bedroom. Count 2 was a specimen count that reflected this course of offending.

The judge sentenced the appellant on the basis that these offences had been committed over about a year, and that he was 14 at the time that the offences started. By that calculation, the nephew was 7.

Counts 4, 6, 8 and 10 reflect the appellant's further offending against an older nephew. The appellant stayed at the home of the second boy when he was studying at college in 1974/5. Over a period, the appellant shared a bedroom with this boy and his brother. The appellant frequently followed him up to his bedroom after school when the parents were out and the grandfather was in charge of the children. It also sometimes happened when the appellant was supposed to be looking after his nephew because his parents were away. The appellant pushed his nephew onto the bed, sometimes face down, and put his hands on his penis and bottom. He would then stroke the boy whilst also stroking himself. The appellant would then leave and go to the bathroom. On occasions, the appellant pushed his nephew back down onto his back, and got on top of him, touching his penis and buttocks with his hands. The touching progressed from over to under the boy's clothing after about 2 months. The touching of his nephew's penis under his pants would take the form of gentle rubbing and extended to his testicles and buttocks. The touching of the buttocks involved the appellant grabbing them with both hands and pulling the other boy as tightly as he could towards him. The assaults lasted between 5 and 10 minutes. The appellant told his nephew that he had to keep quiet about the abuse because he feared how his father would deal with it and that, if he said anything to anybody, he would just blame it on him. The appellant told him that he would be the cause of the family being ripped apart if he disclosed what had happened.

The judge sentenced the appellant on the basis that he had indecently assaulted this nephew in each way charged on 10 occasions and that he had been 15 at the time that these offences began. By that calculation, this nephew was around 11.

In their victim personal statements, the two nephews described how they had been affected by these offences five decades ago. Both men have issues with trusting others and have suffered with their mental health and their self-esteem. Both men have needed counselling and harboured misplaced feelings of their own guilt. One talks of self-harm, and has had persistent suicidal ideation. When he was in his mid-20s, the younger nephew asked to meet the appellant for a drink. He asked him why he had done the things that he did as it had “messed up” his life. The appellant simply laughed the question off which made the nephew feel that he was being mocked.

When eventually questioned by the police about these matters, the appellant declined to answer any questions in his police interviews. Although the appellant initially pleaded not guilty to all charges, his lawyers indicated he would plead guilty on a factual basis that was subsequently accepted within a couple of months of the plea and case management hearing.