Emily Heggadon appeared in the Court of Appeal last week representing a client who had received a sentence of 20-months imprisonment for two sexual assaults committed in February 2024.
Her client had pleaded guilty and was of good character. The sexual assaults took place when he went to the victim’s home address, in drink, and got into bed with her.
He was sentenced at the Crown Court on the basis that the case fell within 2A on the Sentencing Council’s guideline for sexual assault. The assessment of culpability was premised on there being an abuse of trust, as he was her manager.
It was submitted in the Court of Appeal that it did not involve a breach of trust within the meaning of the Sentencing Council’s guideline, notwithstanding that the appellant was the victim’s manager, and as such the categorisation was incorrect and the sentence was manifestly excessive.
This argument succeeded, and the court noted the case of R v Oprea [2021] EWCA Crim 1695, which provides helpful assistance on interpreting this part of the guideline.
Mr Justice Pepperall commented on Emily’s clear and able submissions, allowing the appeal, and reducing the sentence to 12-months imprisonment.
Emily was instructed by Tony Miles of Bobbetts Mackan Solicitors.
