Kizlaite & Anor, R. v

Sentences for trafficking for sexual exploitation must reflect both the gravity of the conduct and the strong need for deterrence. The trafficking offences introduced by the Sexual Offences Act 2003 extend to varied forms of sexual exploitation, including conduct connected with the full range of sexual offending.

Where trafficking involves systematic confinement, rape, threats, forced prostitution and the degradation of vulnerable victims, very severe aggregate sentences may be justified. Substantial personal mitigation must be considered, but it does not require a reduction where the sentencing judge has properly weighed it against exceptionally grave aggravating features.

The appellants appealed, with leave, against sentences imposed for trafficking Lithuanian women into the United Kingdom for sexual exploitation, false imprisonment, rape, causing sexual activity without consent, and prostitution offences.

At Sheffield Crown Court, Kizlaite received a total of 11 years’ detention in a Young Offender Institution. Axhami received a total of 21 years’ detention in a Young Offender Institution and a recommendation for deportation. Kizlaite also received a concurrent six-year sentence at Wood Green Crown Court after pleading guilty to a further trafficking offence.

The victims had been deceived, deprived of their passports, confined, threatened and forced into prostitution. Kizlaite relied on extensive mitigation arising from her age, previous victimisation, psychological condition and lack of financial gain. Axhami relied on his age, limited role in recruitment and the totality of his sentence. The central issue was whether the aggregate sentences were excessive.

1. The appeals against sentence were dismissed. The total sentences of 11 years for Kizlaite and 21 years for Axhami were severe but fully justified.

2. The court adopted the observations in R v Maka that the trafficking offences introduced by the Sexual Offences Act 2003 were intended to cover a wide range of trafficking for sexual exploitation, extending across the spectrum of sexual offending. General deterrence, both of those operating abroad and those participating in the United Kingdom, was highly material in sentencing.

3. The court accepted that Kizlaite had formidable mitigation. She was young, had herself been trafficked and brutalised, suffered post-traumatic stress disorder, had not profited financially, and had provided a truthful account at trial despite the rejection of her defence of duress. The sentencing judges had, however, fully appreciated and weighed those matters.

4. The offending involved callous, systematic and brutal degradation. The victims were deceived into travelling to a foreign country, deprived of liberty, threatened, raped and compelled to prostitute themselves. The court considered the case close to the most serious conceivable of its type. The sentences properly marked its gravity and provided a clear deterrent to sexual exploitation described by the court as sexual slavery.

• Court of Appeal (Criminal Division) — dismissed both appeals against sentence: [2006] EWCA Crim 1492.
• Sheffield Crown Court — Kizlaite was convicted after trial of nine counts and received a total of 11 years’ detention in a Young Offender Institution. Axhami pleaded guilty to four counts, was convicted after trial of seven further counts, and received a total of 21 years’ detention in a Young Offender Institution.
• Wood Green Crown Court — Kizlaite pleaded guilty to a further trafficking offence and received a concurrent six-year sentence.