Aman Yuel [2019] EWCA Crim 1693; AKA Berhe

The Solicitor General applied for leave to refer these sentences as unduly lenient. The offender was convicted of 5 offences of vaginal rape, one of oral rape and breaching an SHPO. He was sentenced to 11 years on each count of rape and 3 years for the breach to be served concurrently. As the judge was satisfied the requirements of s37 and 41 of the Mental Health Act 1983 were met a hybrid order under s45A and B was made.

The offender approached the victim at a bus stop on her way home from a night out. He spoke to her and followed her on to the bus. He then followed her off the bus to her home address, where he forced his way in. He then raped her, going to leave on three occasions before returning and raping her again. The SHPO prohibited him from talking to any female who was not a family member or otherwise known to him.

The offender had previous convictions for sexual offences and was on licence when he committed these offences. A psychiatric report confirmed an established history of paranoid schizophrenia, and there were delays until he was fit to plead, he was convicted after trial.

Further reports considered a hospital order or a hybrid order with the psychiatrist favouring a hybrid order as it could not be said with certainty that his illness reduced the offender’s culpability.

It was submitted that insufficient regard was paid to the aggravating features and that the offender was clearly dangerous.

Held: there is no issue that the offender’s mental disorder at the date of sentence was such as to justify a hybrid order. The rape offences were properly characterised as falling within culpability category B; the referral issue is whether it was category 2 or 1 harm.

This was a case of particular gravity with multiple features of harm such as to elevate the offending into category 1.

There were also additional aggravating circumstances such as the offender’s previous convictions, offending on licence and in breach of the SHPO, and while under the influence of alcohol or drugs. There was no mitigation, other than his mental disorder to a limited extent.

The offender was dangerous due to the very serious nature of the offences and the history of offending. There was plainly a significant risk of the commission of further offences which could cause serious harm to members of the public.

Drawing the various conclusions together it was the Court’s judgement that, in addition to the orders under the Mental Health Act, an extended sentence should have been imposed for the rapes. The custodial term would be 14 years with an extended period of licence of 5 years, in place of the 11 year custodial term.