|[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]|
England and Wales Court of Appeal (Criminal Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> McMorris & Ors, R. v  EWCA Crim 1490 (02 July 2009)
Cite as:  EWCA Crim 1490
[New search] [Context] [View without highlighting] [Printable RTF version] [Help]
B e f o r e :
MR JUSTICE SIMON
MR JUSTICE BLAIR
ATTORNEY GENERAL'S REFERENCE Nos. 7, 8 and 9 of 2009
UNDER SECTION 36 OF
THE CRIMINAL JUSTICE ACT 1988
| R E G I N A
|- v -
|R E G I N A
|- v -
Wordwave International Ltd (a Merrill Communications Company)
165 Fleet Street, London EC4A
Telephone No: 020 404 1400; Fax No: 020 7404 1424
(Official Shorthand Writers to the Court)
Mr J Laidlaw QC appeared on behalf of the Attorney General
Mr M Turner QC and Miss S Reynolds
appeared on behalf of the Offender Rogel McMorris
Mr A Lewis appeared on behalf of the Offender Jason Brew
Mr L Hurlock appeared on behalf of the Offender Hector Muaimba
2009/00359/A3 & 2009/00360/A3
Mr M Conning appeared on behalf of the Appellant Yusuf Raymond
Mr P Rowlands appeared on behalf of the Appellant O'Neil Denton
Miss N Merrick appeared on behalf of the Crown
Crown Copyright ©
THE LORD CHIEF JUSTICE:
The Attorney General's Reference
".... I realised that I could not do anything to stop them. I was really scared, the most scared I have ever been in my life. .... They were using me. At times I was scared even to cry because I thought they would hurt me even more. I knew I couldn't fight them off because there was lots of them both inside the room and outside the door. I kept waiting for them to stop and hope they would just let me go home."
"The jury accepted unequivocally that Rogel McMorris did not intend those consequences. .... The jury verdict showed that Rogel McMorris did not intend the full consequences of what took place that day."
The judge then addressed each offender and passed the sentences which we have recorded.
"more than for any others the sentencing process must allow for flexibility and variability. The suggested starting points and sentencing ranges contained in the sentencing guidelines are not rigid and movement within and between the ranges will be dependent upon the circumstances of individual cases and in particular the aggravating and mitigating factors that are present."
We have considered that guideline in the context of the sexual offences that were committed by these offenders.
R v Raymond and Denton
"clearly regrets his behaviour and his involvement in the offences. However, he also stated that the victim was willing to go along with the boys. When pressed on this, he accepted that this may have been due to the fact that there was a large group of boys and she may have been too frightened to do anything other than go with them. As well as saying that he felt sorry for his victim, he also expressed some anger towards her by stating that she has told lies about him and called him names."
(That does not read like genuine remorse.)
"Given Denton's account of the offence, it is difficult to assess his motivation for committing this offence. There would appear to be elements of revenge, sexual gratification and possibly power both over the victim and within the group."
"designed to degrade and humiliate, to give a message to her and to send one out to others that no one messed with these boys."