Rameez Afzal was convicted in March of raping a 23 year-old woman in a hotel room in Reading. Afzal met his victim in the lobby of a Travelodge at 4am and offered to help her find her friends, whom she had become separated from. He took his victim back to his room and raped her. HHJ Richard Parkes sentenced Afzal to 5 and a half years in prison. However, Afzal was already serving a six-year sentence for supplying Class A drugs, a sentence received in January. The Judge ordered the rape sentence to run concurrently to the drug sentence. The result of this was that Afzal had no additional time to serve for the rape offence. His sentence was referred to the Court of Appeal, on account of it being unduly lenient. The Court of Appeal heard the case yesterday and added a further six years to the sentence.
The guidelines for rape can be found here.
Consecutive or Concurrent?
When an offender is sentenced for two or more offences, the sentencing Judge has discretion as to whether to make the sentences consecutive or concurrent. Where the offences are wholly unrelated, the sentences are often consecutive, however the Judge must take into account the principle of totality in sentencing.
Court of Appeal
We often hear of the Court of Appeal reducing sentences which have been appealed as a result of being manifestly excessive. But the Court upholds an important function in relation to offences which are considered unduly lenient. Those cases can be referred to the Court of Appeal who will look afresh at the mitigating and aggravating features of the offence.