R v Dylan Kyle Cathrae

In a sentence for multiple serious offences, a judge may select a lead offence, uplift the notional sentence for additional criminality and make other sentences concurrent. The sentencing remarks must nevertheless explain how the overall term was calculated and how age, mental health and other mitigation affected it; otherwise the appellate court may undertake limited resentencing. The reduction for offending committed at a young age is fact-sensitive. Age-related conditions should not be counted twice, and exceptional seriousness, persistence and dangerousness may justify no further reduction. A restraining order may be indefinite where the offender presents a continuing high risk to victims and its duration cannot be predicted. It may be varied or discharged if the risk later changes.

The appellant, aged 20 at sentence, appealed with leave against a sentence of 10 years’ detention in a young offender institution imposed by the Crown Court at Truro after pleading guilty to one count and being convicted of six others, including controlling or coercive behaviour, rape, assaults by penetration, suffocation, witness intimidation and harassment. The offending occurred between the ages of 17 and 20 in an abusive relationship. The sentencing judge took rape as the lead offence, made the other terms concurrent and imposed indefinite restraining orders protecting two victims.

The appellant argued that the aggregate sentence was manifestly excessive because the judge had not identified the adult notional sentence or the reductions for age and mental health. He also argued that the restraining orders should have been time-limited. The central issues were whether the sentence was adequately explained and whether indefinite protection was justified.

The appeal against sentence was dismissed. The 10-year term and indefinite restraining orders remained in force, although the sentencing remarks had not adequately explained the calculation.

1. The court held that the judge was entitled to take rape as the lead offence, increase the notional sentence to reflect the extensive additional criminality, and make the sentences for the other counts concurrent. That approach was permissible and generous to the appellant.
2. The principal defect was the absence of an explanation of how the overall term had been calculated and what reduction had been made for age and mental health. The omission required the Court of Appeal to conduct a limited resentencing exercise.
3. For an adult, the appropriate sentence for the rape was 10 years, reflecting the category 2A starting point in the Sentencing Guidelines. The additional offences justified an uplift of at least five years. Taking account of age and other mitigation, a 33 per cent reduction was appropriate, producing the same 10-year term. No further reduction was justified: several conditions were bound up with age, further allowance would involve double counting, the evidence suggested that the appellant had to some extent used those difficulties as an excuse, and the offending was exceptionally serious and persistent.
4. The court noted that it could not impose an extended sentence because none had been imposed below, but the pre-sentence report demonstrated that the appellant was dangerous.
5. The indefinite restraining orders were proper. The appellant posed a high risk of violence to both protected persons, and it was impossible to predict when that risk might dissipate. He could apply for variation or discharge if circumstances changed.

The sentence was neither wrong in principle nor manifestly excessive; it had simply not been properly explained.

1. Court of Appeal (Criminal Division) — On 23 June 2026, the appeal against sentence was dismissed. The 10-year detention term and indefinite restraining orders were upheld: [2026] EWCA Crim 1062 .
2. Crown Court at Truro — The appellant pleaded guilty to one count and was convicted of six further offences. On 6 November 2025, HHJ Carr imposed 10 years’ detention in a young offender institution and indefinite restraining orders.