X & Y, R v, Court of Appeal - Criminal Division, September 11, 2018, [2018] EWCA Crim 2248

Resolution Date:September 11, 2018
Issuing Organization:Criminal Division
Actores:X & Y, R v
 
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Case No: 201801674 A3; 201801675 A3

Neutral Citation Number: [2018] EWCA Crim 2248

IN THE COURT OF APPEAL (CRIMINAL DIVISION)

ON APPEAL FROM THE CROWN COURT AT BOLTON

HHJ R GIOSERANO

T20177089; T20177128

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 11/09/2018

Before:

LORD JUSTICE LEGGATT

MR JUSTICE LEWIS

and

MRS JUSTICE CARR DBE

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Between:

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Ms Barbara Webster (instructed by Barrett Nelligan Solicitors) for X

Mr Steven Swift (instructed by Stephensons Solicitors LLP) for Y

Hearing date: 11 September 2018

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JudgmentLord Justice Leggatt:

  1. On 22 January 2018, at Bolton Crown Court, the first appellant, whom we shall refer to as X, pleaded guilty to 18 offences of indecent assault. The victims of those offences were his three stepdaughters. The offences were committed over a period of 17 years between 1979 and 1996 in the family home. The offences charged were examples only of a long and dreadful history of sexual abuse.

  2. At the same hearing, X's brother, the second appellant, whom we shall refer to as Y, pleaded guilty to 15 offences of indecent assault and three offences of rape. Those offences were committed over the same period. The victims were the same three individuals as in the case of X but also included a fourth person, X's own natural daughter, who was therefore Y's own niece.

  3. All four victims are entitled to lifelong anonymity and nothing must be published in any report of this case which would be likely to lead members of the public to identify them. It is for that reason, and that reason only, that we do not refer to the appellants by name in this judgment. They have no right to anonymity themselves but naming them would be likely to lead to their victims being identified.

  4. X and Y were sentenced on 23 March 2018. In the case of X, the total sentence imposed was 20 years, comprising 18 years' imprisonment and 2 years extended licence. A table giving a breakdown of the offences and the sentences imposed for each offence is set out below:

  5. In the case of Y, the total sentence was 29 years, comprising 28 years' imprisonment and 1 year extended licence. Again, a table giving a breakdown of the offences and the sentences imposed for each offence is set out below:

  6. Both X and Y have appealed against their sentences with leave of the single judge.

  7. The judge in sentencing them described this case as one of the worst he had heard in the many years he has spent sitting in the Crown Court and in Family Courts dealing with cases of sexual abuse. The following summary inevitably omits much detail that would be necessary fully to convey the horrific nature of the facts.

  8. The abuse began soon after X moved into the family home in 1979. At that time, his oldest stepdaughter, whom we will refer to as A, was aged 7...

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