R v BVQ

An appellate court may not impose an extended sentence exceeding the maximum term for the offence. Under section 254(5) of the Sentencing Act 2020, the total term for an extended sentence imposed on a person aged 21 or over is capped by that maximum. For an offence under section 7 of the Sexual Offences Act 2003, the maximum is 14 years. A 17-year extended sentence was therefore unlawful and had to be quashed. On resentencing, the court applied the guideline starting point for a single A1 sexual assault of a child under 13, adjusted for aggravating features, totality and the fact that the rape counts were the lead offences. The conviction challenge, based on alleged failings by trial counsel, disclosed no arguable merit or basis for treating the convictions as unsafe.

The applicant was convicted in the Crown Court at Shrewsbury of attempted rape, rape and sexual assault offences against a child under 13, together with image offences to which he had pleaded guilty. He received a concurrent extended determinate sentence of 19 years, including 17-year extended sentences on the sexual assault counts.

He renewed an application for leave to appeal against conviction after refusal by a single judge, relying on alleged failures by his trial legal team. He also sought an extension of 430 days and leave to appeal against sentence, contending that the sentences on the sexual assault counts exceeded the statutory maximum. The central issues were whether the convictions were arguably unsafe and whether the sentences were lawful.

Conviction appeal. The court found no arguable merit in any ground and no basis for concluding that the convictions were unsafe. The prosecution case was powerful, and no complaint had been made about the judge’s summing-up or legal directions. The complaint about the colour of the applicant’s semen would not materially assist the defence. The complainant and her mother had been appropriately questioned, and the applicant identified no specific prejudice arising from the timing of his access to the recorded interview. The court accepted trial counsel’s account that the applicant had been properly prepared and supported. Re-examination about his explanation for retaining indecent images would merely have drawn further attention to a weak aspect of his case. Leave to appeal against conviction was refused, as was an earlier bail application.

Sentence appeal. The court granted the 430-day extension because the application was well-founded and the applicant could not reasonably have been expected to identify the unlawful aspect of his sentence. Under section 254(5) of the Sentencing Act 2020, an extended sentence imposed on a person aged 21 or over must not exceed the maximum term of imprisonment for the offence. The maximum for an offence contrary to section 7 of the Sexual Offences Act 2003 was 14 years. The 17-year extended sentences imposed on counts 8 to 19 were therefore unlawful. Leave was granted and those sentences were quashed.

For resentencing, the correct starting point for a single A1 offence of sexual assault of a child under 13 was six years, with a range of four to nine years. A substantial uplift was warranted by the previous convictions, image offences, number of offences and offending in the home. The court also considered totality and the fact that the rape counts were the lead offences. It imposed concurrent 12-year extended determinate sentences on counts 8 to 19 under section 279 of the Sentencing Act 2020, comprising eight years’ custody and four years on extended licence. They ran concurrently with the other sentences, which remained undisturbed. The overall sentence remained 19 years.

1. Court of Appeal (Criminal Division): Under [2025] EWCA Crim 270, refused renewed leave to appeal against conviction, refused an earlier bail application, granted an extension of time and allowed the sentence appeal. The unlawful sentences on counts 8 to 19 were quashed and replaced with concurrent 12-year extended determinate sentences.
2. Crown Court at Shrewsbury: The applicant was convicted on 27 July 2023 and sentenced on 28 July 2023 to a concurrent 19-year extended determinate sentence. The Recorder imposed 17-year extended sentences on the sexual assault counts.