Colin B, R. v

When considering whether a sentence is manifestly excessive, the court must assess the offending as a whole. A prolonged course of sexual assaults, two rapes, and a grave abuse of parental trust may justify a substantial sentence despite the offender’s good character, remorse and guilty pleas. A nine-year concurrent sentence was not manifestly excessive in those circumstances.

The appellant pleaded guilty at the Crown Court at Sheffield to numerous counts of indecent assault on his daughter and to two counts of rape. The offending began when she was ten, continued for several years, and included a later indecent assault after she had left home.

He received nine years’ imprisonment for the rape counts. The sentences for the indecent assaults were concurrent. He appealed with leave, contending that the starting point was too high or that insufficient credit had been allowed for his guilty pleas and remorse.

The issue was whether the total sentence of nine years was manifestly excessive.

1. Appeal dismissed. The sentence of nine years’ imprisonment was not manifestly excessive.
2. The court accepted that the appellant’s good character, remorse and guilty pleas were relevant mitigating matters. The sentencing judge had also given credit for the pleas, although less credit was appropriate for the rape counts because the pleas were entered later.
3. The two rapes could not be assessed in isolation. They formed part of a long course of indecent assaults upon the appellant’s daughter, beginning when she was a child and continuing over a number of years.
4. The court treated the abuse of parental trust as exceptionally serious. Parenthood carried trust and responsibility, both of which the appellant had abused for his own sexual gratification. Taking the prolonged offending and breach of trust together, the court concluded that the nine-year sentence was properly within the sentencing judge’s discretion.

• Court of Appeal (Criminal Division): sentence appeal dismissed: [2006] EWCA Crim 481.
• Crown Court at Sheffield: following guilty pleas to indecent-assault and rape counts, the appellant was sentenced to nine years’ imprisonment for the rape counts, with concurrent sentences on the remaining counts.