C & Anor, R. v, Court of Appeal - Criminal Division, January 29, 2010, [2010] EWCA Crim 72

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C & Anor, R. v, Court of Appeal - Criminal Division, January 29, 2010, [2010] EWCA Crim 72

Neutral Citation Number: [2010] EWCA Crim 72

Case No: 2008/06815

Case No: 2009/02259

IN THE HIGH COURT OF JUSTICE

COURT OF APPEAL (CRIMINAL DIVISION)

ON APPEAL FROM MAIDSTONE CROWN COURT

HIS HONOUR JUDGE STATMAN

T2007/7465

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 29/01/2010

Before:

LORD JUSTICE HOOPER

MR JUSTICE WYN WILLIAMS

and

RECORDER OF CROYDON

(Sitting as a Judge of the Court of Appeal Criminal Division)

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Between:

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Eloise Marshall & Samantha Hatt for the Respondent

Ian Jobling for the First Appellant

Lord Gifford QC & Anthony Katz for the Second Appellant

Hearing dates: 14 & 15 January 2010

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JudgmentMr Justice Wyn Williams:

Introduction

1. This is the judgment of the court to which all members have contributed.

2. On 7 November 2008, at the Crown Court at Maidstone, C was convicted of three counts of committing gross indecency with a child (counts 4, 16 & 17) one count of inciting a girl under the age of 16 to commit incest (count 11) three counts of rape (counts 14, 15 & 18) and one count of indecent assault (count 19). On the same date T was convicted of one offence of rape (count 10). On January 2009 the trial judge, HHJ Statman, sentenced C to life imprisonment in respect of the counts of rape. The Learned Judge specified that the minimum term to be served was 9 years and 6 months and that the time spent in custody on remand, namely 89 days, should count towards that minimum term. Concurrent determinate sentences were imposed for the other offences of which C was convicted. T was sentenced to a term of 8 years' imprisonment for the offence of rape.

3. Both C and T appeal against their convictions with the leave of the single judge.

4. C and T were indicted upon an indictment containing a total of 31 counts. Another man, L, the brother of C, was also charged upon this indictment. He was charged with eleven counts of indecency with a child, eight counts of rape, four counts of indecent assault and one count of sexual assault upon a child under the age of thirteen. He was convicted of all the counts against him save for two counts of rape. The offences committed by L were against five young girls, L, C, V, R and J. The offences against L were...

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