Hassan, R. v [2021] EWCA Crim 412

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.This Transcript is Crown Copyright. It may not be reproduced in whole or in part other than in accordance with relevant licence or with the express consent of the Authority. All rights are reserved.[2021] EWCA Crim 412Case No 202002773/A2
IN THE COURT OF APPEAL
CRIMINAL DIVISION
Venue Royal Courts of JusticeDate Thursday 11 March 2021
Strand
London
WC2A 2LL
Before
LORD JUSTICE BEANMRS JUSTICE WHIPPLEMR JUSTICE CALVERREFERENCE BY THE ATTORNEY GENERAL UNDER S.36 CRIMINAL JUSTICE ACT 1988
Between
REGINACrownV
Between
OLAWALE HASSAN__________Computer Aided Transcript of Epiq Europe Ltd,Lower Ground, 18-22 Furnival Street, London EC4A 1JSTel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk (Official Shorthand Writers to the Court)_________MR P JARVIS appeared for Attorney General.MR M BAGNALL appeared for Offender._________J U D G M E N T
[1]to refer a sentence passed on the offender, Olawale Hassan, as being unduly lenient. We shall not name the victim of the sexual offences in this judgment but for the avoidance of doubt her identity is protected in the usual way under the Sexual Offences (Amendment) Act 1992. Olawale Hassan was born on 31 October 1986. He stood trial in the Crown Court at Basildon in September 2020, before Mr Recorder Collery QC and a jury, on three counts of the vaginal rape and one count of assault by penetration. All four offences took place on 26 February 2017, within the space of about half-an-hour, and were committed against the same victim. The sentences which the Attorney seeks to refer were concurrent sentences of 10 years and 2 months' imprisonment on each count of rape and 7 years and 10 months' imprisonment on the count of assault by penetration, all concurrent. There was also an order for

disqualification from driving for 8 years and 9 months and a restraining order of indefinite

[2]duration to prevent Mr Hassan from contacting the victim.[3]pursuant to the dangerousness provisions of the Criminal Justice Act 2003, as amended.[4]Indeed the offender escorted the friend to her car.[5]tearful. She was also under the influence of alcohol and clearly so.[6]and send text messages. Once he had finished that he resumed the rape.[7]enormity of what had happened to her, the victim called the police.[8]very regrettable, both from the victim's perspective and the defendants.[9]convicted him of all four offences they evidently disbelieved his account.[10]The offences took place in July 2006 when he was 19 years old. His sentence was one of 6 months' detention in a young offender institution. The facts of the previous offences were explored at trial and the judge was well aware of them because they formed the subject of a bad character application by the prosecution on which he had to rule. In the 2006 incident the offender lured that victim away from her friends and took her to an unoccupied address. He sexually assaulted her over a period of several hours before she was allowed to leave. There were apparently no reports in that case; at any rate none were made available to the judge in the present case.[11]of what had happened earlier that morning. The experience of making her complaint to the police and going to court to give evidence about what happened has, in her words, been a nightmare for her. She was tested to see if she had contracted an infection or worse from the offender but thankfully she had not. She felt emotionally overwhelmed by the experience. It put a great strain on her relationship,[12]boyfriend and went to live with her stepfather.[13]have changed her life forever.[14]years' imprisonment with a range of 9 to 13 years. The offences were aggravated by the offender's previous convictions for sexual offences, the fact that he was in drink himself at[15]the time and by the fact that he ejaculated inside the victim.[16]the overall sentence of 10 years and 2 months' imprisonment.

Mr Jarvis, for the Attorney, expressly states in the Reference:

[17]"It is not submitted that the overall custodial term was unduly lenient but it is submitted that the offender was dangerous and should have been made subject to an extended determinate sentence."[18]obtain such a report, unless the case is so grave that an indeterminate sentence is[19]inevitable.[20]minor that no question of a finding of dangerousness could arise.[21]any sentence imposed. Nothing is said about dangerousness.

When prosecution counsel was making oral submissions at the sentencing hearing on 6 October

[22]2020, she said this:
"MISS DAVEY: In terms of dangerousness, your Honour, certainly the Crown, subject to your Honour’s comments, don’t invite any consideration of an indeterminate sentence. RECORDER COLLERY: No, I need to consider it. MISS DAVEY: Your Honour needs to consider it of course but --- RECORDER COLLERY: But – but I am not at the moment --- MISS DAVEY: No. RECORDER COLLERY: --- and one would hope that there’s nothing in Mr Bagnall’s mitigation that’s going to push me towards that but I’m not at the moment --- MISS DAVEY: No. RECORDER COLLERY: --- minded to go there."
[23]subject when making his plea in mitigation.

In his sentencing remarks the learned Recorder said this (page 37E):

[24]"In terms of mitigating, I see no signs of remorse at all. There is plainly no reduction in sentence for assistance to the police or for guilty pleas. Because you have been convicted of a specified offence, rape, I am required to consider the issue of dangerousness, that is whether you present a significant risk of causing serious harm by committing further specified offences. I have carefully considered the matter and whether there is – is a significant risk of the commission of further specified offences and causing thereby serious harm to a member of the public. I am aware this is a higher threshold than whether it is possible those matters may occur and means assessing the risk of those two matters occurring. I note in particular that since 2007 and to – until 2017, there were no other specified offences committed. I am not urged by the Crown to a finding of dangerousness and I have not asked the defence to address me in relation to it. In my view, it is not appropriate to make a finding of dangerousness in this case."[25]case in which we should grant leave to refer.[26]simply an academic one.[27]penetration.[28]proceedings or part thereof. Lower Ground, 18-22 Furnival Street, London EC4A 1JS Tel No: 020 7404 1400 Email: rcj@epiqglobal.co.uk