R v Hodgson
| Jurisdiction | England & Wales |
| Court | Court of Appeal (Criminal Division) |
| Judge | MR. JUSTICE MacKENNA |
| Judgment Date | 26 September 1967 |
| Judgment citation (vLex) | [1967] EWCA Crim J0926-2 |
| Date | 26 September 1967 |
| Docket Number | No. 1237/67 |
[1967] EWCA Crim J0926-2
IN THE COURT OF APPEAL
CRIMINAL DIVISION
Royal Courts of Justice
The Master of the Rolls (Lord Denning)
Mr. Justice Widgery
and
Mr. Justice MacKenna
No. 1237/67
THE APPELLANT did not appear and was not represented.
This is an appeal by leave of Mr. Justice Waller against three sentences of life imprisonment passed by Mr. Justice Cusack in respect of two acts of rape and one of buggery committed on two women whom the Appellant attacked late at night in public places. Two other sentences also under appeal are for two years and four years respectively, that of two years for an assault on one of the two women occasioning her actual bodily harm, and the sentence of four years for an assault on a third woman with intent to rob.
The Appellant, who is 23 years of age, has been convicted twice of various assaults on women, one for wounding with intent to cause grievous bodily harm and the other for assault occasioning actual bodily harm.
The form of the application drafted by the Appellant was for leave to appeal against sentence and as I have said that leave was given. One of the reasons given to support the application was that he had been wrongly convicted of the offences of rape. This reason can be dealt with very shortly. The evidence included a confession which the Appellant had signed but which he withdrew at the trial. The Jury were entitled to accept the police evidence about the making of the confession and to act upon it. That evidence was indeed overwhelming.
The only question in the case is whether sentences of life imprisonment were justified in this case. The trial Judge's reasons for passing this sentence can be gathered from the transcript of the proceedings. On being given the Appellant's previous record, he put this question to the police officer, "It seems he specialises in attacks on women and girls" to which the officer answered, "It would appear so". In passing sentence, he said: "It is difficult to know, having heard the evidence I have heard with regard to the way you treated Kiss Greenwood and Mrs. Stewart whether you are to be regarded as a man or a monster. It is quite clear that the public, in particular women and girls, must be protected...
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