On 20 April 2023 Richard English attended pro bono at the Court of Appeal, Criminal Division to renew and application for permission to appeal against a sentence of 23½ years custody imposed for offences of rape and possession of indecent images of children. Leave to appeal had been refused by the Single Judge however, the Court of Appeal gave leave and reduced the sentence to 18 years custody.
Mr X was sentenced in respect of two separate indictments. The first related to a number of sexual offences committed against his partner. He pleaded guilty to attempted rape and rape on the first day of trial, before the jury was sworn but after the section 28 cross-examination had taken place.
Mr X and his victim met when she was in her late teens, he was in his early twenties. Throughout their seven year relationship Mr X anally raped his partner approximately once a week as she slept.
When arrested Mr X’s phone was seized and found to have a large number of indecent images of children
Mr X’s partner has Austism Spectrum Disorder as did he.
He received 18 months for the indecent images offences to be served before an extended determinate sentence of 22 years custody which had an extended licence of three years.
The Court of Appeal accepted there was force in the submission that the overall sentence was longer than was needed. The Court quashed the sentence and imposed and extended sentence of 18 years custody with a three year licence concurrent to 18 months for the indecent images.