Marshall, R. v
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LORD JUSTICE BEATSON
- MR JUSTICE HOLROYDE
- MRS JUSTICE CARR DBE
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
The appellant was convicted of 14 sexual offences against minors and sentenced to 14 years' imprisonment. Central to the defense was a conspiracy theory involving the complainants' criminal activities, which was disallowed by the court. The appellant's appeal against the conviction was dismissed, while his sentence was reduced to 11 years due to contextual considerations such as the passage of time and absence of recent criminal behaviour.
J U D G M E N T
1. LORD JUSTICE BEATSON: On 22 February 2013, following a trial in the Crown Court at Teesside before HHJ Moorhouse and a jury, the appellant (now aged 54) was convicted of 14 sexual offences against four young complainants. On 25 March 2013, he was sentenced by HHJ Moorhouse to a total sentence of 14 years' imprisonment. A sexual offences prevention order was made and the appellant was required to comply with the notification provisions of Part 2 of the Sexual Offences Act 2003 indefinitely.
2. The provisions of the Sexual Offences (Amendment) Act 1992 apply to this case: no matter relating to any of the victims shall be included in any publication if it is likely to lead members of the public to identify them as a victim of a sexual offence, and in this judgment we identify the victims by their initials.
3. The total sentence of 14 years' imprisonment was arrived at as follows: counts 1, 3 and 4, which related to CR, were of indecent assault on a male, contrary to section 15(1) of the Sexual Offences Act 1956. The appellant was sentenced to 12 months' imprisonment on each count. Count 3 was consecutive to count 1, which itself was consecutive to count 6, and count 4 was consecutive to count 1. Count 2, (also related to CR) was of indecency with a child contrary to section 1(1) of the Indecency with Children Act 1960. It was a specimen count. The appellant was sentenced to 6 months' imprisonment concurrent on this count. On count 5, indecent assault on CT, contrary to section 15(1) of the Sexual Offences Act, the appellant was sentenced to 12 months' imprisonment to be consecutive to count 1. On count 6, indecency with IR, contrary to section 1(1) of the Indecency with Children Act 1960, he was sentenced to 12 months' imprisonment also consecutive to count 1.
4. Counts 7 to 14 were offences of indecency with a child, contrary to section 1(1) of the Indecency with Children Act 1960 (count 7) and buggery, contrary to section 12 of the Sexual Offences Act 1956 involving PW. On count 7 the appellant was sentenced to 12 months' imprisonment to be consecutive to his sentence on count 6. He was sentenced to 6 months' imprisonment on counts 8 and 9 (the two other indecency counts) the sentences to be concurrent to count 6. He was sentenced to 4 years' imprisonment on count 10 (the first of the buggery convictions) the sentence to be consecutive to count 6. He was sentenced to 4 years' imprisonment on counts 11, 13 and 14 (three of the four