R v Caswell & Others

[2023] SHSC 24

Sentencing of multiple defendants for sexual offences against a minor.


This case involved the sentencing of multiple defendants for serious sexual offences against a minor, highlighting both individual culpability and systemic failures in protecting the victim.


TLDR:

  • Multiple defendants were sentenced for sexual offences against a minor.
  • The court considered the severe impact on the victim and systemic failures.
  • Sentences ranged from 9 months to 13 years imprisonment.
  • Sexual Offences Prevention Orders were imposed on the male defendants.


The case involved the sentencing of several defendants, including Mike Caswell, Julian Thomas, Sanjay Williams, GP, and ZP, for various sexual offences against a minor, referred to as AB. The offences included rape, sexual activity with a child, and neglect.


Mike Caswell, aged 28, was found guilty of rape of a child under 13 and sexual activity with a child under 13. Caswell, who was AB's step-father, committed these offences in her bedroom, a place where she should have felt safe. The court sentenced him to 13 years imprisonment for the rape and 12 years for the sexual activity, to run concurrently.


Julian Thomas, aged 29, pleaded guilty to two counts of rape of AB when she was under 13. Thomas was an almost daily visitor to AB's home and exploited her vulnerability. He received a total sentence of 8 years imprisonment after a 20% credit for his guilty plea.


Sanjay Williams, aged 27, pleaded guilty to multiple offences, including rape of a child under 13, sexual activity with a child, and child abduction. Williams was aware of AB's previous abuse and manipulated her into believing she was in a relationship with him. He was sentenced to 10 years and 4 months imprisonment.


GP, aged 56 and AB's uncle, was found guilty of two offences of sexual activity with a child. He assaulted AB by grabbing her vagina over clothing during a visit to her mother's home. GP was sentenced to 9 months imprisonment for each offence, to run concurrently.


ZP, aged 40 and AB's mother, pleaded guilty to neglect. Despite knowing about the abuse, she failed to protect her daughter and even allowed one of the abusers to remain in the family home. ZP was sentenced to 14 months imprisonment, with an additional activation of a previously suspended sentence, totaling 3 years and 2 months.


The court also imposed Sexual Offences Prevention Orders on the male defendants, restricting their contact with females under 16 and requiring them to notify their police service offender manager of any employment.


Legal representatives: Mr. A Baker for the prosecution, Ms. C Adams (instructed by Adams & Co.) for the defendants.

Judicial Panel: Acting Judge Duncan Cooke

Case Citation Reference: [2023] SHSC 24
Tags
Criminal Law Sexual Offences Child Protection

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