Pacan & Ors, R. v

A sentencing court must have regard to relevant definitive guidelines under the Criminal Justice Act 2003, but must read them as a whole. A guideline starting point and range do not impose a reduced maximum sentence. Where coercion, the victim’s age and vulnerability, and other serious features combine, a sentence above the stated range may be justified and may remain within the guideline’s proper application.

An appellate court will not interfere where the sentencing judge’s factual assessment and the offenders’ roles justify the sentences and they are not manifestly excessive.

Four defendants appealed, with leave, against sentences imposed after a trial at the Crown Court at Southwark for offences arising from the sexual exploitation of two women forced into prostitution.

Pacan and Facuna each received 11 years’ imprisonment for trafficking Martina into the United Kingdom for sexual exploitation. Doci received 11 years for trafficking her within the United Kingdom. Ali Arslan received a total of 14 years for trafficking, controlling prostitution, controlling Martina as a child prostitute, and brothel-keeping offences.

The principal issue was whether the sentences improperly departed from the Sentencing Guidelines Council’s definitive guideline for trafficking for sexual exploitation and were manifestly excessive.

1. All appeals against sentence were dismissed. The judge had been required by section 172 of the Criminal Justice Act 2003 to have regard to the relevant definitive guideline. He had done so.

2. The guideline’s structure contained some ambiguity. Its six-year starting point and four-to-nine-year range for coercive trafficking sat alongside text stating that coercion, vulnerability, age, and other aggravating features could move a sentence towards the statutory maximum of 14 years. The court held that the guideline had to be read as a whole. It did not prevent a sentence above nine years where the aggravating features warranted it.

3. The sentencing judge had properly treated Martina’s age and vulnerability, together with coercion and the other serious circumstances, as markedly aggravating. His approach was consistent with the guideline. It was not an impermissible departure from it.

4. Pacan and Facuna had deceived a 16-year-old girl, brought her to the United Kingdom for sexual exploitation, and knew what would happen when she was transferred to others. Their 11-year sentences were not manifestly excessive.

5. Doci was deeply involved when Martina was transferred between exploiters, controlled her as a child prostitute, and sold her on. His role was materially different from that of Mesut Arslan, whom the sentencing judge had found to be an instrument of Ali Arslan. His sentence was not manifestly excessive.

6. Ali Arslan was a knowing and willing recipient of trafficked young women and took the benefit of coercion imposed by others. His total sentence of 14 years, and the individual sentences comprising it, were not manifestly excessive.

• Court of Appeal (Criminal Division) — by judgment dated 16 October 2009, [2009] EWCA Crim 2436, dismissed all four appeals against sentence.
• Crown Court at Southwark — following trial, convicted the appellants on 3 November 2008 and sentenced them on 4 November 2008 for trafficking, prostitution-control and brothel-keeping offences.