Humphries, R. v

On an appeal against sentence for multiple sexual offences, the court must assess the totality of the custodial term in light of the whole course of conduct. A substantial breach of trust, grooming, exploitation of children and escalating sexual activity may justify a substantial sentence despite a guilty plea, previous good character, remorse and delay in reporting. The complainant’s willing participation does not remove the seriousness of offending by a mature adult who encouraged and sustained the relationship.

The appellant pleaded guilty at Stoke-on-Trent Crown Court to three counts of indecent assault and one count of indecency with a child. The offending involved two girls aged 12 and 13. It included a sexual relationship with one girl over about three years and a further indecent assault on her friend.

He received an extended sentence of four and a half years, comprising two and a half years’ custody and a two-year extension period. He appealed against sentence, contending that the custodial term should not have exceeded two years and that the sentence was manifestly excessive in view of the mitigation.

The central issue was whether the overall sentence was manifestly excessive.

1. Appeal dismissed. The extended sentence of four and a half years, including a total custodial term of two and a half years, was not manifestly excessive.

2. The court’s task was to assess the totality of the sentence in the circumstances of the case. The several counts represented distinct sexual activity within a course of conduct that continued for about three years and increased in seriousness. Consecutive sentences would themselves have been open to the sentencing judge.

3. The offending was aggravated by the appellant’s mature age, the substantial age difference, his friendship with and trusted position in the first complainant’s family, and his encouragement of the relationship. He provided alcohol and cigarettes, groomed the girls, and knew both their ages and the inappropriateness of the conduct. The sentencing judge was entitled to regard this as a serious breach of trust.

4. The court gave weight to the guilty plea at the first opportunity, previous good character, employment record, expressed remorse and delay in disclosure. However, the appellant had also sought to blame the girls for initiating the conduct. Their willing and enthusiastic participation did not make the overall sentence excessive, particularly given the judge’s findings on grooming and exploitation.

• Court of Appeal (Criminal Division): Appeal against sentence dismissed.
• Stoke-on-Trent Crown Court: On 10 March 2006, the appellant pleaded guilty and received an extended sentence of four and a half years.