A total sentence of four years’ imprisonment following convictions for multiple offences of indecent assault by a father on his daughter was increased to eight years where the judge had failed to find that the victim had suffered severe psychological harm, despite clear evidence.
The Solicitor General referred to the court as unduly lenient a sentence of four years’ imprisonment following convictions for multiple offences of indecent assault.
The victim was the offender’s daughter. When she was six years old he was granted contact with her following his divorce. During her weekly visits he would rub her naked genitals and breasts and, fully clothed, would grind his hips so that his penis rubbed against her naked vagina. The offender told the victim not to tell anyone or he would hurt her. The abuse took place for about three years, but only came to light when the victim was about 17. She self-harmed, had taken an overdose, and had been admitted to hospital in relation to her mental health. The judge imposed a concurrent sentence of four years’ imprisonment on each of the thirteen offences, but did not explain the sentence by reference to any of the sentencing guidelines categories.
The Solicitor General submitted that the judge had erred in failing to find that the victim had suffered severe psychological harm and by failing to give the appropriate weight to the numerous aggravating features which should have taken the case into category 1A of the sentencing guidelines.
HELD: There was evidence which established beyond doubt that the victim had suffered severe psychological harm as a result of the abuse she had suffered and the judge had erred in failing to make that finding or to consider that aspect when passing sentence. On that basis, the case fell within harm category 1 and, in view of the abuse of trust, culpability category A of the sentencing guidelines. The sentence was unduly lenient and was quashed. A concurrent sentence of eight years’ imprisonment was imposed on each count.
Reference allowed.
Law Lessons 4 Life 