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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Bulled, R (on the application of) v Secretary Of State For Home Department [2001] EWCA Civ 1068 (29 June 2001) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/1068.html Cite as: [2001] EWCA Civ 1068 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM HIGH COURT OF JUSTICE
ADMINISTRATIVE COURT
(MR JUSTICE NEWMAN)
Strand London WC2 Friday, 29th June 2001 |
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B e f o r e :
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THE QUEEN | ||
- v - | ||
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT | ||
ex parte BULLED |
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Smith Bernal Reporting Limited
180 Fleet Street, London EC4A 2HD
Telephone No: 0171-421 4040 Fax No: 0171-831 8838
(Official Shorthand Writers to the Court)
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Crown Copyright ©
Friday, 29th June 2001
"Mr Bulled is serving an 8 year sentence for the serious offences of rape and two counts of indecent assault on women who had gone to him for advice and assistance. It is of extreme concern that this is his second conviction for rape. In addition he has a number of unrelated convictions in America that have incurred custodial sentences and deportation orders on two occasions. It is acknowledged that Mr Bulled has undertaken some educational qualifications that may assist his future employment and has participated in life and social skills. However, the panel can find no evidence that his risk of sexual re-offending has diminished. He has not progressed within the prison system and found himself unable to complete an enhanced thinking skills course. He has little insight into his offences or the trauma that he caused his victims, whose trust he betrayed. He expresses himself as the victim, manipulated by the women responsible for his present circumstances and it has not been possible to challenge these views by way of structured offender related courses. The panel concludes therefore that the risk indicated by his offending remains too high for release on parole licence."
"1. In deciding whether to recommend release on licence, the Parole Board shall consider primarily the risk to the public of a further offence being committed at a time when the offender would otherwise be in prison and whether any such risk is acceptable. This must be balanced against the benefit, both to the public and to the offender, of early release back into the community under degree of supervision which might help rehabilitation and so lessen the risk of re-offending in the future. The Board shall take into account the safeguarding the public may often outweigh the benefits to the offender of early release.
2. Before recommending early release on licence, the Parole Board shall consider whether:
(1) the safety of the public will be placed unacceptably at risk. In assessing such risk the Board shall take into account:
(a) the nature and circumstances of the original offence;
(b) whether the prisoner has shown, by his attitude and behaviour in custody, that he is willing to address his offending behaviour by understanding its causes and its consequences for the victims concerned, and has made positive effort and progress in so doing.
(c) in the case of a violent or sexual offender, whether the prisoner has committed other offences of sex or violence, in which case the risk to the public of release on licence may be unacceptable.
(d) that the risk of violent or sexual offending is more serious than the risk of other types of offending."
"My impression is that Mr Bulled tends to minimise and excuse his offending and is reluctant to take any significant direct responsibility for his behaviour. Given his record of previous convictions and his attitude towards the current offence, the risk of his committing further offences will not have diminished."
"Mr Bulled insists that it was consensual and externalised the responsibility stating emphatically that he believes the allegations to have been fabricated by the victims. To emphasise his view, Mr Bulled cites difficulties with impotency. However, this is not consistent with the medical opinion reported at the time. In discussing his record of offending, Mr Bulled denied any violent convictions and did not mention his conviction for Rape in 1978. Contrary to his account to Mr Morgan of the 1980 ABH conviction, Mr Bulled told me that he could not understand why this appeared on his record as he had, in fact, himself been assaulted by a woman.
11. I have found it difficult to engage Mr Bulled in thinking about his offending."
"22. Whilst Mr Bulled's dishonest offending may, to some extent, reflect manic episodes of his psychiatric condition, it is of grave concern that he is apparently unable to accept any level of responsibility for his violent and sexual offending, and further that he locates blame so firmly within his victims whom he states manipulated him for their ends....
23. ... Mr Bulled has two separate convictions of Rape and two violent convictions. He expresses no remorse for his victims and attributes to them much of the responsibility for his current circumstances. In my opinion, Mr Bulled represents a substantial risk to women, and particularly those women in whose lives he can assume a position of trust or authority. There is, in my view no evidence to suggest that the risk of repetition is anything other than high."
"Mental state currently stable on medication which includes lithium carbonate. No psychiatric contraindication to parole. However I am concerned that he has not addressed his sex offending behaviour because he maintains his innocence."