R v Callen Chandler-Jones

An extended sentence may be imposed where an offender presents a real danger to the public, even where the custodial term is lengthy. An extended licence period may safeguard against further serious offending. In sentencing repeated rape, severe psychological harm, degradation, vulnerability, abuse of trust and sustained offending may justify the highest seriousness and culpability categories. A campaign of rape may justify a sentence above the ordinary upper limit for a single incident. The renewed application for leave to appeal was refused.

The applicant was sentenced at Liverpool Crown Court on 17 April 2023 to an extended sentence of 28 years, comprising 20 years’ custody and an extended licence period of 8 years, for two counts of rape. The second count concerned at least ten further rapes over three and a half years against his vulnerable partner. He renewed his application for leave to appeal, arguing that the sentence was manifestly excessive and that an extended sentence was unnecessary given the custodial term. The central issues were the necessity of the extension period and the proportionality of the custodial sentence.

1. Disposition. The renewed application for leave to appeal was refused. The Court agreed with the single judge that the sentence was not arguably manifestly excessive.
2. Extended sentence. The sentencing judge had good reason to impose an extended sentence. The applicant presented a real danger to the public, particularly to women with whom he was associated or in a relationship. The eight-year extension period was a safeguard against further serious offending and its consequences. The length of the custodial term did not make the extension unnecessary (para [10]).
3. Seriousness and culpability. The judge was entitled to place the offences in category 1A. The severe psychological harm, degradation and humiliation, the sustained pattern of offending, the victim’s physical and psychological vulnerability, and the significant breach of trust supported that assessment. The proposed category 2 and culpability B classifications were unrealistic on the facts (paras [7], [12]).
4. Length of sentence. The relevant guideline provided a starting point of 15 years, within a range of 13 to 19 years, for a single incident of rape. It recognised that a campaign of rape may justify a sentence of 20 years or more. The repeated nature of at least eleven rapes over a lengthy period, committed against a vulnerable partner while she was asleep and despite her requests to stop, justified going above the ordinary upper limit by some margin. A custodial term of 20 years was therefore not arguably manifestly excessive (paras [13]–[15]).

• Court of Appeal (Criminal Division): On 6 December 2023, the renewed application for leave to appeal was refused.
• Liverpool Crown Court: On 17 April 2023, the applicant was sentenced to an extended sentence of 28 years for two counts of rape, comprising 20 years’ custody and an eight-year extended licence period.