DH [2019] EWCA Crim 1446

The appellant pleaded guilty to administering a substance with intent, rape of a child under 13, assault by penetration of a child under 13, two offences of sexual assault of a child under 13, distributing indecent photos, voyeurism and three offences of both taking and making indecent photos of a child. In respect of the rape, he was sentenced to an extended sentence of 26 years with a custodial element of 18 years, with concurrent determinate sentences for the other offending.

The appellant drugged his 10 year old daughter and recorded himself raping and indecently assaulting her before distributing the footage. He also recorded her taking a shower using a concealed camera and images of both his daughter and other children were recovered.

The appeal was in respect of a single discrete point, namely the amount of credit allowed for his pleas. The judge had allowed 25% rather than full credit.

Held: it was wrong to deprive him of the full one-third discount in the circumstances. He had indicated at the Magistrates’ Court that he would not contest the charges he faced at that time. Further offences were added to the indictment, and he pleaded guilty to them when he had the opportunity to do so. He could not have indicated guilty pleas at the Magistrates’ Court as he had not been charged with them at that stage. The sentence for the rape was quashed and replaced with an extended sentence of 24 years, with 16 years as the custodial element.