R v FBD

When sentencing historical sexual offences, the court must apply the statutory maxima in force when the offences were committed, while making measured reference to modern definitive guidelines. A campaign is not required before repeat very serious sexual offending can justify a sentence of 20 years or more. The overall sentence must remain just and proportionate, with proper regard to totality, the number of incidents and the differing gravity of individual counts. A 30-year custodial sentence was disproportionate here. The Court of Appeal reduced the overall sentence to 25 years by making two seven-year sentences concurrent.

After a trial at the Crown Court at Portsmouth, the appellant was convicted of twelve historical sexual offences committed against five children between 1998 and 2001. He received a standard determinate sentence of 14 years and consecutive special custodial sentences totalling 18 years, producing an overall sentence of 32 years.

The appeal was originally dealt with on several grounds. The remaining ground concerned whether the sentence was manifestly excessive. The issues included the use of historic statutory maxima and modern sentencing guidelines, the categorisation of one offence, totality, and whether consecutive sentences had produced a disproportionate result.

1. Appeal allowed in part. The overall sentence was reduced from 32 years to 25 years. The seven-year sentences on counts 9 and 14 were ordered to run concurrently. The remaining sentences were left undisturbed.
2. In relation to count 14, there was no abuse of trust and grooming was not a Culpability A factor under the modern rape guideline. No other Culpability A factor appeared to apply. The modern equivalent was therefore a category 2B offence with a starting point of eight years, rather than category 2A with a starting point of ten years. Aggravating factors, including ejaculation, the time and location of the offending, and the previous conviction, justified movement upwards from that starting point.
3. Under the approach in R v HJ [2011] EWCA Crim 2753, historical offences must be sentenced by reference to the statutory provisions and maxima in force when committed, with measured reference to modern definitive guidelines. The judge had applied that approach and had taken account of the historic maxima. A campaign was not necessary for repeat very serious sexual offending to justify a sentence of 20 years or more. The approach applied to rape and sexual assault: R v Jones [2018] EWCA Crim 1499. Nevertheless, the sentence had to remain just and proportionate.
4. The appellate assessment was fact-sensitive and required attention to the totality of the offending, the number of incidents within each count, and the relative gravity of single-incident and multi-incident counts. The custodial sentence of 30 years was of a different order of gravity from the offending in this case. Making counts 9 and 14 concurrent produced a proportionate overall sentence and did not diminish the seriousness of the offending.
5. For release purposes, the appellant was to be referred to the Parole Board after serving the aggregate of the relevant custodial periods. This comprised 50 per cent of the seven-year determinate sentence and 66 per cent of the custodial terms of the special custodial sentences. The reduction from 50 per cent to 40 per cent under the Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 did not apply to the offences listed in its Schedule. The additional two-year licence period remained applicable. A representation order was granted for the sentence appeal.

• Court of Appeal (Criminal Division): On 27 June 2025, the court allowed other grounds, quashed the Restraining Order and varied the Sexual Harm Prevention Order. It refused leave on another ground and one ground was not pursued. On 3 October 2025, it allowed the remaining sentence ground to the limited extent of making the sentences on counts 9 and 14 concurrent.
• Crown Court at Portsmouth: Following trial, the appellant was convicted and sentenced to a standard determinate sentence of 14 years and consecutive special custodial sentences totalling 18 years.