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England and Wales Court of Appeal (Criminal Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Davies, R. v [2008] EWCA Crim 201 (22 January 2008) URL: http://www.bailii.org/ew/cases/EWCA/Crim/2008/201.html Cite as: [2008] EWCA Crim 201 |
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CRIMINAL DIVISION
The Strand London WC2A 2LL |
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B e f o r e :
MR JUSTICE SILBER
and
MR JUSTICE UNDERHILL
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R E G I N A | ||
- v - | ||
KEVIN DAVIES |
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Wordwave International Ltd (a Merrill Communications Company)
190 Fleet Street, London EC4
Telephone 020-7421 4040
(Official Shorthand Writers to the Court)
Mr M Maitland appeared on behalf of the Crown
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Crown Copyright ©
LORD JUSTICE HOOPER: I will ask Mr Justice Underhill to give the judgment of the court.
MR JUSTICE UNDERHILL:
"My self-esteem and confidence wasn't great anyway. It's now rock bottom as at the time of the crime Kevin hurled verbal abuse at me which has made me feel totally worthless."
"15. At no time has this defendant attempted to minimise, deny or shift responsibility for his actions. He is able to calculate the long-term effects on his victim and has spent time examining his behaviour."
A prison report states that he has shown an interest in addressing his offending behaviour. He has been referred for assessment for three programmes: the Enhanced Thinking Skills Programme, the Sex Offender Treatment Programme and the Healthy Relationships Programme.
"In your written basis of plea you admit that the oral rape was accompanied by violence in that you struck your victim with your open hand. You accept causing her injuries and included amongst those injuries was damage to the ligaments of her wrist. It is of note that you are about 6 ft 2 in; she, your former partner, was 5 ft 3 in. I take into account in your favour the fact that you have never before been before the courts. It is to your credit that you accept responsibility for this dreadful offence.There are many aggravating features about the case: your young child was in the home when the offence took place; you had been drinking heavily; and it is plain from the evidence that you showed your partner no compassion, no humanity at all. You humiliated her, terrorised her and raped her, and the violence to which you subjected her was over and above that necessary to commit the offence of rape. You were a powerful man; she was a slight woman quite unable to do anything to protect herself from the degrading and violent conduct towards her."
The judge held that the appellant was not a dangerous offender for the purpose of the Criminal Justice Act 2003. In that connection he observed that his expressions of remorse appeared entirely genuine. It should be noted that the judge does not expressly refer to the Sentencing Guidelines Council's Guideline on Sexual Offences. Nor does it appear that he was referred to them by counsel, as he should have been.
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