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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Younas v R [2017] EWCA Crim 1 (16 January 2017) URL: https://www.bailii.org/ew/cases/EWCA/Crim/2017/1.html Cite as: [2017] EWCA Crim 1 |
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ON APPEAL FROM READING
CROWN COURT
THE HONORARY RECORDER
OF
READING
Strand, London, WC2A 2LL |
||
B e f o r
e :
MR JUSTICE WYN WILLIAMS
and
MR JUSTICE SUPPERSTONE
____________________
MUHAMMAD ANEES ![]() | Appellant |
|
- and - |
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____________________
Rule
(instructed by Swain & Co, Liverpool) for the Appellant
Mr Simon Heptonstall for the CPS
Hearing date: 16 December 2016
____________________
VERSION
OF JUDGMENT
Crown Copyright ©
Mr Justice Wyn Williams:
"These are the charges thatreflect
the first time [MA] says that this occurred and the last?"
Counselreplied:-
"Yes your honour",
The judge then asked whether the counts were said to be specimen counts.
Counselreplied:-
"Well that is the Crown's case, your honour, yes. I do not know that any basis of plea was ever put forward or what… it was a no comment, what the defendant accepted or otherwise but that certainly is so far as [MA's] account is concerned the first occasion he says was about three weeks after, the last occasion obviously we know about and in his ABE he said it was ongoing effectively throughout that period of time for about a year, and that is why, your honour, I do quite clearly say that it falls within the top category,repeated
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rape
of the same
victim,
it is obviously the first and the last and they are specimen counts."
Judge "Well, in my concluding that he is dangerous, of course, this is a specified offence, is it not?...
Advocate "Your honour, yes
Judge "and there is only one sentence I can pass."
Advocate "Your honour, yes. That has been translated to him."
Judge "Thank you"
Advocate "Your honour, I do not think I can assist you any further in the light of this particular case."
"It isright
that you have no previous convictions but taking into account the nature of the offences charged, the circumstances wherein they took place and your attitude to the offending the court concludes that you do pose a significant
risk
to members of the public, that is children, of serious harm by the commission of further specified offences."
Thereference
by the judge to "further specified offences" in context, no doubt, was a
reference
to further sexual offences.
"In these circumstances I must impose a sentence of life imprisonment."
That, of course, was aview
she had, in effect, expressed to the applicant's advocate during the exchange which occurred at the end of mitigation.
"Where a defendant is convicted on an indictment charging him with offences said to berepresentative
of other similar criminal offences committed by him, it is inconsistent with principle that the court should take into account other offences so as to increase the sentence if the defendant does not admit the commission of other offences and does not ask the court to take them into consideration. Nor does [statute] legitimate the practice of sentencing for unindicted unadmitted offences."
In Hartley [2012] Crim App Rep
7 this court made it clear that if the prosecution is alleging that an offender has committed a large number of offences of a similar nature and it would not be
reasonable
or practicable to have separate counts upon an indictment in
respect
of each alleged offence it is for the prosecution to frame the indictment in such a way that sufficient counts are specified to enable the judge to impose an appropriate sentence for an offender's criminality when looked at overall. Further
recent
guidance to the same effect is to be found in the decision of this court in A [2015] 2 Crim App
Rep
(S) 12 which also provides clear guidance about the use of counts which are intended to allege more than one offence where the prosecution case is that the offending constitutes a course of conduct (see Criminal Procedure
Rules
2015 10.2(2) for the current
rule
– the predecessor
rule
in force in early 2014 being to like effect). We
recognise,
of course, that the
Recorder
did not have the detailed guidance set out in A at the time she imposed sentences in this case.
"1) This section applies where –
A person aged 18 or over is convicted of a serious offence committed after the commencement of this section,
The court is of the opinion that there is a significantrisk
to members of the public of serious harm occasioned by the commission by him of further specified offences.
If –
a. the offence is one inrespect
of which the offender would apart from this section be liable to imprisonment for life, and
b. the court considers that the seriousness of the offence, or of the offence and one or more offences associated with it, is such as to justify the imposition of a sentence of imprisonment for life
the court must impose a sentence of imprisonment for life."
Section 226A is concerned with extended sentences. It provides:-
"(1) This section applies where –
a. a person aged 18 or over is convicted of a specified offence…
b. the court considers that there is a significantrisk
to members of the public of serious harm occasioned by the commission of the offender of further specified offences,
c. the court is notrequired
by section 224A or 225 (2) to impose a sentence of imprisonment for life, and;
d. condition A or B is met.
(2) …
(3) …
(4) The court may impose an extended sentence of imprisonment on the offender.
(5) An extended sentence of imprisonment is a sentence of imprisonment the term of which is equal to the aggregate of –
a. the appropriate custodial term, and
b. a further period (the "extension period") for which the offender is to be subject to a licence."