R v "DJ"
| Jurisdiction | England & Wales |
| Judge | Lord Justice Treacy |
| Judgment Date | 05 March 2015 |
| Neutral Citation | [2015] EWCA Crim 563 |
| Court | Court of Appeal (Criminal Division) |
| Docket Number | No: 201401194/C5-201305813/C5 |
| Date | 05 March 2015 |
[2015] EWCA Crim 563
IN THE COURT OF APPEAL
CRIMINAL DIVISION
Royal Courts of Justice
Strand
London, WC2A 2LL
Lord Justice Treacy
Mr Justice Stewart
Mrs Justice Simler DBE
No: 201401194/C5-201305813/C5
Mr P Binder appeared on behalf of the Appellant
Mr J Connolly appeared on behalf of the Crown
(As approved)
This appellant renews an application for leave to appeal against conviction and appeals his sentence with the leave of the single judge.
The history will show that he has been responsible for a very large number of serious sexual offences committed against young girls over a considerable period. The offences involved many aggravating features. To some of the offences the appellant pleaded guilty but two trials were necessary. The appellant was convicted at each of those trials. On 11th February 2014, in the Crown Court at Guildford, the appellant was sentenced to an extended sentence of 39 years comprising a custodial term of 33 years and an extension period of 6 years. In addition a victim surcharge order was made as well as an indefinite sexual offences prevention order.
The full details of the numerous offences are set out in the grid below identifying the offences, whether the matter was a plea or a trial and setting out the individual sentences imposed:
| Count on indictment | Offence | Pleaded guilty or convicted | Sentence | Consecutive or Concurrent | Maximum |
| T20130273 Cts 1 – 8 | Taking indecent photographs of a child (contrary to s.1(1)(a) of the Protection of Children Act 1978) | Pleaded Guilty (on 31/05/13) | 3 years' imprisonment | Concurrent (on each count) | |
| Cts 9 – 18 | Possession of indecent photographs of a child (contrary to s.160(1) of the Criminal Justice Act 1988) | Pleaded Guilty (on 31/05/13) | 2 years' imprisonment | Concurrent (on each count) | |
| Cts 19 & 20 | Possessing an extreme pornographic image (contrary to s.63(1) of the Criminal Justice & Immigration Act 2008) | Pleaded Guilty (on 31/05/13) | 2 years' imprisonment | Concurrent (on each count) | |
| Ct 21 | Causing or inciting a child under 13 to engage in sexual activity (contrary to s.8(1) of the Sexual Offences Act 2003) | Pleaded Guilty (on 31/05/13) | 2 years' imprisonment | Concurrent | |
| T20137057 Cts 1, 2, 3, 5 & 6 | Rape of a child under 13 (contrary to s.5(1) of the Sexual Offences Act 2003) | Pleaded Guilty (Cts 1, 3, 5 & 6 on 31/05/13 & Ct 2 on 12/08/13) | 12 years' imprisonment | Consecutive to T20137113 | |
| Cts 7 & 8 | Sexual assault of a child under 13 (contrary to s.7(1) of the Sexual Offences Act 2003) | Pleaded Guilty (on 31/05/13) | 8 years' imprisonment | Concurrent (on each count) | |
| Cts 9 – 15 | Sexual Activity with a child (contrary to s.9(1) of the Sexual Offences Act 2003) | Pleaded Guilty (Cts 9–14 on 31/05/13 & Ct 15 on 12/08/13) | 4 years' imprisonment | Concurrent (on each count) | |
| Cts 16 & 17 | Meeting a child following sexual grooming (contrary to s.15(1) of the Sexual Offences Act 2003) | Pleaded Guilty (on 14/10/13) | 3 years' imprisonment | Concurrent (on each count) | |
| T20137200 Ct 1 | Rape (contrary to s.1(1) of the Sexual Offences Act 2003) | Pleaded Guilty (on 02/10/13) | 4 years' imprisonment | Consecutive to T20137113 | |
| Cts 2 – 7 | Sexual Activity with a child (contrary to s.9(1) of the Sexual Offences Act 2003) | Pleaded Guilty (on 12/08/13) | 3 years' imprisonment | Concurrent (on each count) | |
| Ct 8 | Causing or inciting a child to engage in sexual activity (contrary to s.10(1) of the Sexual Offences Act 2003) | Pleaded Guilty (on 12/08/13) | 3 years' imprisonment | Concurrent | |
| Cts 9 & 10 | Meeting a child following sexual grooming (contrary to s.15(1) of the Sexual Offences Act 2003) | Pleaded Guilty (on 02/10/13) | 3 years' imprisonment | Concurrent (on each count) | |
| T20130272 | Meeting a child following sexual grooming (contrary to s.15(1) of the Sexual Offences Act 2003) | Pleaded Guilty (on 14/10/13) | 2 years' imprisonment | Concurrent | |
| T20137113: Trial One Cts 1 – 4 | Rape (contrary to s.1(1) of the Sexual Offences Act 1956) | Convicted (Cts 1&2 on 11/10/13 by a majority of ten to two and Cts 3&4 on 14/10/13 by a majority of eleven to one) | 17 years' imprisonment | ||
| Cts 5 – 10 | Indecency with a child (contrary to s.1(1) of the Indecency with Children Act 1960) | Convicted (Cts 5–7 on 11/10/13 and Cts 9&10 on 14/10/13, all by a majority of eleven to one) | 9 years' imprisonment | Concurrent (on each count) | |
| Ct 11 | Causing or inciting a child under 13 to engage in sexual activity (contrary to s.8(1) of the Sexual Offences Act 2003) | Pleaded Guilty (on 12/08/13) | 4 years' imprisonment | Concurrent | |
| T20137122: Trial One Ct 1 | Rape (contrary to s.1(1) of the Sexual Offences Act 2003) | Convicted (on 11/10/13 by a majority of ten to two) | 17 years' imprisonment | Concurrent to T20137113 | |
| Ct 2 | Causing or inciting a child under 13 to engage in sexual activity (contrary to s.8(1) of the Sexual Offences Act 2003) | Pleaded Guilty (on 12/08/13) | 4 years' imprisonment | Concurrent | |
| T20137318: Trial 2 Cts 1 – 4 | Sexual Activity with a child (contrary to s.9(1) of the Sexual Offences Act 2003) | Convicted (on 29/01/14, Ct 3 by a majority of ten to two) | 5 years' imprisonment | Concurrent | |
| Cts 5 & 6 | Meeting a child following sexual grooming (contrary to s.15(1) of the Sexual Offences Act 2003) | Convicted (on 29/01/14, Ct 5 by a majority of ten to two) | 3 years' imprisonment | Concurrent | |
| Cts 7 & 8 | Abducting a child (contrary to s. 2(1)(b) of the Child Abduction Act 1984 | Convicted (on 29/01/14) | 3 years' imprisonment | Concurrent | |
| T20130512: Trial 2 | Sexual Assault | Convicted (on 29/01/14 by a majority of eleven to one) | 1 year imprisonment | Concurrent | |
| Total Sentence: | Extended sentence of 39 years comprising a custodial term of 33 years and an extension period of 6 years | ||||
| Victim Surcharge Order | £120 | ||||
| Other relevant orders: The Court made a Sexual Offences Prevention Order under s.104 & s.106 of the Sexual Offences Act 2003 until further order. |
We summarise the offences as follows, noting that the summary inevitably loses the granular detail of this dreadful offending. We will approach the matter indictment by indictment.
Indictment 0272: this offence took place in 2013. It involves meeting a child following grooming. On 9th February 2013 the appellant met a 14-year-old girl, BP, on a website. He took her to a hotel in Farnborough. Once there she insisted she wanted to leave. After receiving a text message from the girl's mother the appellant took her home.
Shortly afterwards he was arrested and the hotel room was searched. A bottle of champagne was found next to the bed. The appellant's mobile phone was seized. It contained a large amount of pornographic material involving other young girls. In due course some of those were identified and spoken to by the police. A month later BP had to be sectioned overnight as she had self-harmed by stabbing herself in the stomach and arms.
Trial 1 involving indictments 7113 and 7122, which were joined, primarily concerned offences of rape and other sexual offences against SJ, the appellant's daughter. There was also a count relating to another girl, LS. The offences against SJ were committed over many years. She went to the police in February 2013 after the appellant's arrest as already described. She said that the appellant began touching her when she was four-and-a-half and that when she was 5 he began to have sexual intercourse with her both vaginally and anally. This continued on a very regular basis over many years. The appellant said that it was punishment for her being bad. On occasion he would hit her and verbally abuse her. She was also forced to perform oral sex with him holding her nose so as to force her mouth open. Amongst the episodes of sexual abuse which we described were those which occurred when she was around 12, when the appellant used to take her swimming on a regular basis. He regularly abused her in the swimming cubicles. She described also frequent offences which took place in the appellant's car.
In all, the offending went on for about 10 years. The appellant told SJ that if she did not do as he wished he would hurt her and her mother. On other occasions he threatened her that she would be taken away by the police. She was made to feel that what was happening was her fault.
The second girl on this indictment, LS, was identified from material on the appellant's mobile phone. She described an occasion when she was aged between 8 and 10 when the appellant persuaded her to put her hand on his penis and to masturbate him. The overall time frame covered by this indictment is between the early 2000 and 2013.
Trial 2 involved the joined indictments 0512 and 7318. They concerned sexual offences against two girls, DC and AF, committed between 2008 and 2010. DC was best friends with one of the appellant's daughters. When she was 15 she went to that girl's birthday party at the appellant's home. He approached her in the living room, put his hand on her leg and touched her crotch area. She got up at once and went to the kitchen. The appellant followed her. He put his hand on her vaginal area rubbing it over her jeans while putting his other hand down the back of her jeans and felt her bottom.
The second girl, AF, met the appellant when she was 15. She was a runaway. She entered into a form of relationship with the appellant. There was regular sexual intercourse, oral sex and other sexual activity including masturbation. The...
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