Scott Marjoram [2019] EWCA Crim 1913

The appellant pleaded guilty to two offences of sexual assault and was committed to the crown court for sentence. At the crown court, he pleaded guilty to three similar offences and was sentenced to a total of 24 months imprisonment, and a restraining was imposed for 5 years.

The first complainant and appellant lived in a multi-occupancy house. He put his hands on her breasts over clothing, and she shrugged him off, he then grabbed her in a bear hug and dragged her towards his room.

The second complainant was known to the appellant; he went round to her house and was acting strangely. He sat close to her before kissing her shoulder. He blocked her from getting up and pulled her top down, trying to pull her leggings down. Two further offences involved another resident of the accommodation. He touched C between her legs and grabbed at her breast. A few days later, a staff member, D, told the appellant to leave C alone. In response, he grabbed D’s breast.

It was submitted on the appellant’s behalf that the judge failed to give sufficient regard to the possibility of a non-custodial sentence and to his mental health at the time of the offending.

Held: the offences were so serious that a community sentence could not be justified, and imprisonment was unavoidable. Even taking his difficulties into account he knew right from wrong and the assaults persisted even when he had been arrested. In all those circumstances the total sentence could not be said to be wrong in principle or manifestly excessive.

The appeal was dismissed.