Lawrie, R v, Court of Appeal - Criminal Division, September 18, 2018, [2018] EWCA Crim 2066

Resolution Date:September 18, 2018
Issuing Organization:Criminal Division
Actores:Lawrie, R v
 
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Neutral Citation Number: [2018] EWCA Crim 2066

Case No: 201802961/A4

IN THE COURT OF APPEAL

CRIMINAL DIVISION

REFERENCE BY THE ATTORNEY GENERAL UNDER

S.36 OF THE CRIMINAL JUSTICE ACT 1988

Royal Courts of Justice

Strand

London, WC2A 2LL

Date: Tuesday, 18 September 2018

B e f o r e:

LORD JUSTICE DAVIS

MRS JUSTICE SIMLER DBE

MR JUSTICE DOVE

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R E G I N A

v

ANTONIO LAWRIE

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Computer Aided Transcript of the Stenograph Notes of

Epiq Europe Ltd 165 Fleet Street, London EC4A 2DY

Tel No: 020 7404 1400 Email: rcj@epiqglobal.co.uk

(Official Shorthand Writers to the Court)

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Miss K Broome appeared on behalf of the Attorney General

Mr J Swain appeared on behalf of the Offender

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J U D G M E N T (Approved)WARNING: Reporting restrictions may apply to the contents transcribed in this document, particularly if the case concerned a sexual offence or involved a child. Reporting restrictions prohibit the publication of the applicable information to the public or any section of the public, in writing, in a broadcast or by means of the internet, including social media. Anyone who receives a copy of this transcript is responsible in law for making sure that applicable restrictions are not breached. A person who breaches a reporting restriction is liable to a fine and/or imprisonment. For guidance on whether reporting restrictions apply, and to what information, ask at the court office or take legal advice.

LORD JUSTICE DAVIS:

  1. This is an application on behalf of Her Majesty's Solicitor General seeking leave to refer a sentence on the ground that it is unduly lenient. We grant leave.

  2. The position is this. The offender is a man called Antonio Lawrie. He is aged 22, having been born on 22 January 1996. Following a trial at the Crown Court sitting at Southampton before His Honour Judge Burrell QC and a jury, the offender was, on 15 March 2018, convicted of seven counts of sexual assault of a child under the age of 13, contrary to section 1 of the Sexual Offences Act 2003. Count 7 had in terms been charged as a multiple incident count and alleged conduct on no fewer than 10 occasions.

  3. On 21 June 2018 the offender was sentenced by the trial judge to a term of two years' imprisonment on each count concurrently, suspended for two years, with a condition of a supervision order for a period of two years and a rehabilitation activity requirement for a maximum of 60 days. In addition, the offender was made the subject of a restraining order in extremely wide terms, to the effect that he should have no contact with any person under the age of 16, directly or indirectly, except for unavoidable contact in public areas, the period of that order being stated to last for 10 years. It was also a consequence of the sentence as imposed that there be a notification requirement for a period of 10 years.

  4. The background facts are these.

  5. The female complainant, who may be styled "M", was born on 21 January 2009. The offender was a family friend, M's mother having been known to him since he was a teenager. It appears he used regularly to be at her home, sometimes sleeping overnight and sometimes babysitting her children.

  6. On 29 May 2017, a relative of M (in fact her mother's cousin) saw the offender touching M's vagina, as she said. The mother was told and the mother sought to speak with M. M (then aged eight) burst into tears. The police were then contacted.

  7. On 30 May 2017 and then again on 30 June 2017, M was interviewed by police officers. M said that the offender had touched her on the vagina, which she described as her "private areas", both under and over clothing on approximately 20 or 25 occasions since 3 January 2017.

  8. The details relating to the particular counts were these. So far as count 1 was concerned, M was to say that the first time things happened was when she was aged seven - she in fact became eight on 21 January 2017. She said that it happened in one of the bedrooms at her home. She recalled the offender saying to her that it was a new beginning of the year and he needed to do something and then rubbed her private areas over her clothing with his hand. She thought it lasted for about 10 minutes. She told him to stop and then ran downstairs.

  9. So far as count 2 is concerned, that related to the second or third month. On this occasion the offender, according to her, rubbed her vagina and said: "I love you, so fast and slow". M naturally enough did not know what he meant. He was on one knee and was using his hand to rub her but this time this was under her clothing. She said 'no' but he ignored her. This happened in the bedroom of her house.

  10. As to count 3, M recalled another occasion when she was in bed asleep and the offender was looking after her as her mother was out. He woke her up and asked her to go downstairs, so she did. They went to the front room and here the offender rubbed her vagina. She could not recall if it was over or under clothing.

  11. Counts 4, 5 and 6 related to 29 May 2017, that is to say the day before M was first interviewed by the police. M said that on that day when she was in the kitchen the offender rubbed her vagina over her underwear. She had been wearing a skirt and t-shirt at the time. She told him to stop because it was "rude" but he did not stop. He then stopped when an adult came in. It had been noticed that the offender had been giving M a lot of...

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