C [2019] EWCA Crim 643

The appellant pleaded guilty to a rape committed over 32 years previously in 1985. He was sentenced to an extended sentence of 18 years comprising a custodial element of 13 years.

The appellant had a long history of offending, particularly for sexual offences. In 1996 he was sentenced to life imprisonment with a minimum term of 9 years and 4 months for attempting to render a female insensible with intent to commit rape.

It was submitted that the as he was already subject to a life sentence, and had served time in excess of his tariff, this should have been reflected in the sentence. Further, that it was manifestly excessive and/or wrong in principle to make him the subject of an extended sentence when he was already subject to a life sentence. Finally, it was argued he could no longer be regarded as dangerous as the offence occurred nearly 33 years ago and having regard to the views of the Parole Board who had considered his case.

Held: the undeniable fact is that the appellant thought he had gotten away with this offence of rape, the Parole Board had not been aware of this offence, nor did they know that the appellant had not made a clean breast of past offending by suppressing this information. Had they been aware they may have been a good deal less inclined to recommend a transfer to open conditions. It was only late in the day, after he was aware of the strength of the DNA evidence that he was willing to admit the offence. In the pre-sentence report he said he could not recall the offence and was described as being in a state of denial and posing a very high risk of further sexual offending.

The Court agreed and the appeal was dismissed, the fact that he had served in excess of 12 years more than the tariff period under the life sentence could not avail him.