Asi - Akram, R. v

Guidance that sentences for young offenders convicted of rape should be significantly shorter than for adults is a broad starting point, not an invariable rule. Youth is always relevant, but the extent of any reduction depends on all the circumstances. A substantial reduction may be unwarranted where youth did not operate in the offending and the offender presents a serious continuing danger, particularly following a violent campaign of rape.

The appellant, aged 17 when he committed the offences, pleaded guilty in the Crown Court at Derby to two rapes and an attempted strangling with intent to commit rape. The offences formed a violent campaign against three women. He received concurrent terms of 14 years’ detention under Powers of Criminal Courts (Sentencing) Act 2000, section 91.

He appealed against sentence, relying principally on the sentencing guidance in R v Millberry [2003] 1 Cr App R(S) 25 concerning young offenders. The issue was whether his age required a materially lower total sentence.

1. Appeal dismissed. The total sentence of 14 years’ detention, although severe, was justified.

2. The court explained that the observation in R v Millberry [2003] 1 Cr App R(S) 25, para 30, that young offenders should receive significantly shorter sentences in rape cases was a broad general observation. It admitted exceptions and was not intended to require a significant reduction in every case.

3. Youth remained relevant in every sentencing exercise. The sentencing court had to assess the extent of any reduction by considering all the circumstances. Relevant considerations could include whether immaturity played an operative part in the offending, the prospects of rehabilitation, and the particular burden of a very long sentence on a young person.

4. Those considerations did not require a reduction here. The appellant had carried out a campaign of exceptionally grave and violent rapes, involving repeated rape, a knife, strangling, serious injury and terror to the victims. The judge was entitled to find, and it was accepted on appeal, that he posed a serious danger to women. Youth did not play an operative part in the offending. The guilty plea and lack of previous convictions were taken into account, but did not make the sentence excessive.

• Court of Appeal (Criminal Division): dismissed the sentence appeal: [2005] EWCA Crim 1543.

• Crown Court at Derby: following guilty pleas, imposed concurrent terms of 14 years’ detention for two rapes and attempted strangling with intent to commit rape.