Introduction and Facts
On 15th May 2015 Daniel Green, a new trader, went for after work drinks. As became apparent at the trial, such events were not uncommon, and often involved plenty of alcohol and cocaine.
That night, Mr Green met an unnamed woman in a bar. They, along with some of Mr Green’s colleagues and a friend of Ms X, went back to Mr Green’s offices where they ‘danced on desks to music, drank champagne and took lines of cocaine into the early hours‘ of 16th May.
The party mood dissipated after Ms X’s friend’s stash of cocaine went missing. Most left, apart from Mr Green and one of his colleagues, Ms X, and her friend.
Ms X did not have money for a cab and so decided to go to sleep beneath one of the desks until she could get the morning train.
She awoke to find Mr Green tugging her trousers down. Ms X said that Mr Green “was making sexual noises, making me feel horrible, so I burst into tears. After realising I was not going to get away and this was actually happening, I started crying, and at that point – it seemed so bizarre as he’d said absolutely nothing before – he said ‘Oh shit, she’s crying’. He got off then“.
Trial and Punishment
Ms X went to the police the next day and Mr Green was arrested. He accepted that he had had sexual intercourse, but said it was consensual.
It appears that it was just his word against hers in relation to this. The case was sent for trial.
Mr Green accepted that Ms X had cried, but seemed to say that this was down to his 10 inch penis – “Maybe my penis was hurting her. I always have difficulty when it comes to having sex with girls. I find my penis is hard to penetrate females”“. Which sounds a disastrous defence.
On 9th September 2016, Mr Green was convicted. He was sentenced that day to 6 years imprisonment.
The Judge was reported as having said “he was not punishing Green for “City culture of excessive drink and casual use of drugs when you go out socialising” but because he had shown no remorse and behaved with “a degree of arrogance” when giving evidence“.
He would have started with the Sentencing Guidelines (page 9). It would appear that Ms X was intoxicated and under the influence of drugs, which could count as “particularly vulnerable due to personal circumstances“, although it would appear that the Judge decided that it wasn’t here.
On that basis, it was a 3B offence, which gives a starting point of 5 years and a range of 4-7 years. Although many Judges would probably have started, and finished, with the 5 years, it is unlikely that the Court of Appeal would interfere with it, as it is well within the range of sentences, and it was the Judge who heard the trial.