[2025] EWCA Crim 1320

The Sentencing Hearing

Unfortunately, the recording equipment failed and there is no transcript of the judge's sentencing remarks. The court is, however, much assisted by and grateful for counsel's agreed note of the hearing. The judge considered the guidelines issued by the Sentencing Council for offences of the rape of a child under 13. He concluded that this was a category 2A case. Category 2 because of the severe psychological harm caused by this offence, and raised culpability because the appellant had abused the trust placed in him by his father and his stepmother. The starting point for a category 2A offence is 13 years' imprisonment with a category range of 11 to 17 years.

By way of mitigation, the judge took into account the medical evidence in respect of the appellant's physical and mental health. He concluded that those circumstances, but particularly the appellant's physical ill-health, would make it more difficult for him to serve a custodial sentence. The judge indicated that the appropriate sentence after trial would have been 10 years' imprisonment. He then allowed 20 per cent credit for the late guilty plea to make the final sentence of 8 years. By law, the judge was then required to order that the appellant should, as an offender of particular concern within the meaning of section 278 of the Sentencing Act 2020, be subject to licence for a further period of one year.

Given that the offence of sexual assault of a child under 13 reflected part of the conduct encompassed in the subsequent plea to rape, the judge imposed no separate penalty for that offence.