R v A.R.J

When sentencing historic sexual offences committed by a young offender, the court must apply the framework applicable to the offending, reflect age and maturity at the time, and impose the shortest term commensurate with seriousness. A substantial uplift from the guideline starting point may be justified by repeated offending, duration, threats and other aggravating features not captured in the offence category, but double counting is impermissible. In sentencing failure to surrender, deliberate evasion may warrant a sentence above the guideline range where the effect on the complainant makes the harm exceptionally serious, even if the trial was delayed only briefly. The sentence must remain proportionate and within the statutory maximum.

The applicant appealed against sentences imposed by the Crown Court at Liverpool after he pleaded guilty to, and was convicted of, historic sexual offences against his younger sister. The offences had been committed when he was aged between 14 and 17. He had been sentenced in his absence after absconding to Turkey and was also sentenced for failure to surrender to bail.

The appeal challenged the uplift applied to the rape sentences, the extent to which mitigation had been taken into account, and the sentence for failure to surrender. The applicant also sought extensions of time. The central issues were whether the sentences for the historic sexual offending were manifestly excessive and whether the sentence for failure to surrender was proportionate to the guideline range and the impact on the complainant.

The court granted the extensions of time. It allowed the appeal only in relation to failure to surrender and refused leave to appeal against the sentences imposed on the indictment.

1. Historic sexual offending. The court noted that Ahmed [2023] 1 WLR 1858 was the current lead authority giving helpful guidance on sentencing offences committed when the offender was young many years before. The sentencing court had to apply the relevant framework, take account of the applicant’s age at the time of offending, and impose the shortest term commensurate with seriousness.
2. Uplift and mitigation. The eight-year starting point for each rape was appropriate. A substantial uplift was justified by the repeated rapes, the period of abuse exceeding four years, threats, humiliation, ejaculation without protection and the seriousness of the other penetrative offending. Severe psychological harm was already reflected in the Category 2B classification and had not been double counted. The 50 per cent reduction for youth and behavioural difficulties was appropriate, particularly because the most serious offending occurred in late adolescence. The applicant’s remorse and lack of previous or subsequent convictions did not justify a further reduction. Leave to appeal against the indictment sentences was therefore refused.
3. Failure to surrender. The deliberate attempt to evade justice involved the highest culpability. Although the trial was delayed by only one day and there was no substantial interference with its administration, the effect on the complainant was capable of placing the offence in the highest harm category. The facts justified going above the guideline range, but the judge’s sentence was manifestly excessive and also had to be assessed against the 12-month statutory maximum. A starting point of four months, reduced for the early guilty plea, produced a sentence of 10 weeks.
4. The sentence for failure to surrender was quashed and replaced with a consecutive sentence of 10 weeks.

• Court of Appeal (Criminal Division). Extensions of time were granted. The appeal against the failure-to-surrender sentence was allowed, that sentence was quashed and a consecutive sentence of 10 weeks was substituted. Leave to appeal against the remaining sentences was refused.
• Crown Court at Liverpool. The applicant was convicted of historic sexual offences, having pleaded guilty to some counts and been convicted after trial in his absence on the remaining counts. He received a total sentence of eight years and six months’ imprisonment and a consecutive sentence for failure to surrender.