Costar, R. v

Factual and Procedural Background

This appeal arises from a sentencing decision made by His Honour Judge Lynch on 25 September 2024, concerning an appellant convicted of multiple serious sexual offences against a minor. The offending occurred over a three-year period from 2009 to 2012, involving a complainant aged between 13 and just before her 16th birthday, and the appellant aged 39 to 41. The relationship began via an online chat forum, with the appellant deceiving the complainant about his age and subsequently meeting her in person. The appellant committed numerous sexual offences including grooming, sexual activity with a child (both penetrative and non-penetrative), causing or inciting a child to engage in sexual activity, and making and possessing indecent photographs of children.

The appellant was sentenced to a total determinate custodial sentence of eight years, split equally between custody and licence, following a one-third reduction for a guilty plea. Additionally, a Sexual Offences Prevention Order for seven years was imposed, alongside disqualification from working with children and placement on the Barred List. The appellant appealed the sentence with leave granted by a single judge, challenging only the starting point of the sentence before the guilty plea reduction.

Legal Issues Presented

1. Whether the starting point of 12 years' imprisonment chosen by the sentencing judge before reduction for the guilty plea was excessive given the facts and circumstances of the offending.

Arguments of the Parties

Appellant's Arguments

• The starting point of 12 years was too high and not proportionate to the level of culpability and harm in this case.
• The offending did not include aggravating features such as abuse of trust, threats or blackmail, targeting of a particularly vulnerable child, pregnancy or sexually transmitted infection, severe psychological harm, previous sexual convictions, failure to respond to warnings, offending on bail, involvement of others, racial aggravation, or commercial motivation.
• A starting point in the region of eight to nine years would have been more appropriate based on similar fact cases and sentencing guidelines from England & Wales.
• Comparative cases from England & Wales suggest lower starting points, ranging from four to ten years, should inform the appropriate sentencing range.

Respondent's Arguments (The Crown)

• The offending involved high culpability and high harm, including grooming, significant planning, sexual images recorded and retained, deceit about age, significant age disparity, and risk of pregnancy or STI requiring emergency contraception.
• The sentencing judge correctly applied the principles of sentencing, including aggravating and mitigating factors, and was properly guided by relevant precedent.
• The starting point of 12 years was within a reasonable range given the totality of the offending and the need to reflect society's condemnation of such predatory sexual offending.
• Sentencing guidelines from England & Wales are not binding in Northern Ireland and primarily address single offences rather than multiple, repeat offences as in this case.

Table of Precedents Cited

Court's Reasoning and Analysis

The court conducted a detailed analysis of the sentencing judge's decision and the appellant's challenge to the starting point. It acknowledged the complexity and fact-sensitive nature of cases involving sexual offences against children. The court accepted that the offending involved high culpability and high harm, characterized by grooming, planning, deceit, significant age disparity, and repeated penetrative sexual offences. The appellant's use of indecent images and the requirement for emergency contraception further aggravated the case.

The court noted that the sentencing judge correctly applied the principles of sentencing, including consideration of aggravating and mitigating factors, and was properly guided by relevant precedent, particularly the recent decision in R v Hutton. The court emphasized the importance of reflecting society's condemnation of such predatory offending through significant custodial sentences.

While the appellant pointed to lower sentences in England & Wales and argued for a reduced starting point, the court reiterated that those guidelines are not binding in Northern Ireland and primarily address single offences rather than multiple, repeat offences. The court found the 12-year starting point before reduction to be within a reasonable range and not excessive given the totality of the offending.

Holding and Implications

The court DISMISSED the appellant's appeal against sentence.

The direct effect of this decision is to uphold the total determinate custodial sentence of eight years imposed by the sentencing judge, reflecting a starting point of 12 years reduced by one-third for the guilty plea. The court’s ruling confirms the appropriateness of significant sentences for serious sexual offending involving children in Northern Ireland and affirms judicial discretion in applying sentencing principles tailored to the facts of each case. No new precedent was established beyond the reaffirmation of existing principles and the rejection of reliance on England & Wales sentencing guidelines as binding authority in this jurisdiction.