X & Y, R v

At the highest end of sexual-offence sentencing, the appropriate starting point depends on a careful assessment of all the facts. Cases attain the utmost seriousness by different routes. A very high starting point will be rare, but may be justified by a prolonged and remorseless campaign of abuse, multiple vulnerable victims, grave sexual offending, abuse of trust, and relevant previous sexual offending.

Earlier sentencing comparators must be approached with care where sentencing guidelines have since increased sentencing levels. The appellate question remains whether the sentence is manifestly excessive, assessed with proper regard to the applicable guidelines and totality.

X and Y pleaded guilty at Bolton Crown Court to numerous historic sexual offences committed over about 17 years against four children within their extended family. X pleaded guilty to 18 counts of indecent assault. Y pleaded guilty to 15 counts of indecent assault and three counts of rape.

On 23 March 2018, X received a total sentence of 20 years, comprising 18 years’ imprisonment and two years’ extended licence. Y received a total sentence of 29 years, comprising 28 years’ imprisonment and one year’s extended licence. Both appealed with leave of the single judge.

The principal issue was whether sentences at the extreme end of the range were manifestly excessive, particularly in light of R v DJ [2015] EWCA Crim 563 and the current sentencing guidelines.

1. Both appeals were dismissed. Neither sentence was manifestly excessive.

2. The court held that the earlier authorities considered in R v DJ [2015] EWCA Crim 563 had been decided under previous sentencing guidelines. Current guidelines generally increased sentences for sexual offences. Comparisons with those earlier cases therefore required caution.

3. A starting point at the extreme end of the spectrum will be appropriate only in few cases. However, utmost seriousness may be reached by different combinations of factors. The required approach is a careful assessment of the facts in the individual case.

4. Y’s 28-year custodial term was justified. His offending included repeated sexual abuse of three step-nieces, two rapes of one victim, rape of another niece, digital penetration, and a sustained campaign over about 17 years. His extensive previous sexual offending materially aggravated the case. The court considered that sexual abuse of vulnerable children had been a way of life for him.

5. X’s appeal likewise failed. His repeated abuse involved three stepdaughters towards whom he held a position of trust, began when they were very young, included digital penetration, and continued persistently for about 17 years. The individual sentences fell within the applicable guidelines. The sentencing judge had also properly applied totality.

• Court of Appeal (Criminal Division): Dismissed X’s and Y’s appeals against sentence.
• Crown Court at Bolton: On 23 March 2018, sentenced X and Y following their guilty pleas to historic sexual offences.