R v BEQ

In sentencing for historic sexual offending, the court may assess dangerousness from all material before it. Risk-assessment tools are relevant but do not prevent a judge finding a significant risk where the offending circumstances support that conclusion. Repeated sexual offending against a child over a prolonged period can amount to a sustained incident or course of behaviour for guideline purposes, even if the acts were intermittent. Where the offending is repeated over five years, category 2A may be appropriate. An appellate court need not interfere where, even under the lower category advanced by the offender, the same custodial term would properly result after aggravating and mitigating factors and guilty-plea credit.

The appellant pleaded guilty at the Crown Court at Derby to historic sexual offences against three anonymised family members. On 21 March 2024, he received concurrent determinate sentences for several counts and a consecutive extended sentence of 10 years, comprising six years’ custody and four years on extended licence.

The appeal challenged the finding that he was dangerous and the classification of one count as category 2A rather than category 3A under the sentencing guideline. No challenge was made to the sentences imposed for the other counts.

The appeal was dismissed. The dangerousness finding and the extended sentence were upheld. The court also confirmed that no statutory surcharge order had been made, since the offences predated the relevant surcharge provisions.

1. Dangerousness. In assessing dangerousness, the sentencing judge was entitled to consider all material available to the court. Risk-assessment tools did not determine the issue. The judge was entitled to conclude from the evidence, particularly the appellant’s offending against three very young complainants over 15 years, that he presented a serious risk of further similar offending against young female children with whom he might come into close contact.
2. Guideline classification. The guideline for the offence contrary to section 8 of the Sexual Offences Act 2003 treated a sustained incident as a medium-harm factor. At least four offences over five years properly constituted a sustained incident or course of behaviour. Longer offending, or more frequent offending over a shorter period, can create greater harm than a single short incident.
3. Sentence. The challenge to category 2A was rejected. Even if the count had been placed in category 3A, the repeated offending would have justified an eight-year sentence before credit for the guilty plea, producing the same six-year custodial term. The judge had properly balanced aggravating and mitigating factors. No error of principle arose and the sentence was not excessive.

• Court of Appeal (Criminal Division): Dismissed the appeal against the finding of dangerousness, the extended sentence and the guideline classification.
• Crown Court at Derby: On 21 March 2024, sentenced the appellant to a determinate term and a consecutive extended sentence of 10 years.