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Rapist jailed for crime that saw innocent Andrew Malkinson spend 17 years behind bars — Transcript

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0:00of 1861.
0:02Count two was causing grievous bodily
0:05harm with intent, contrary to section 18
0:08of the Offences Against the Person Act
0:101861.
0:12Count three
0:14was vaginal rape, contrary to section 11
0:18of the Sexual Offences Act 1956.
0:22And count four was anal rape, contrary
0:24to section 11 of the Sexual Offences Act
0:271956.
0:30And for all four of these counts, the
0:32maximum sentence for the offense is life
0:34imprisonment.
0:38It has long troubled me
0:41that our judicial system has utterly
0:44inadequate terms
0:46for the person to whom the crime is
0:49done.
0:50We use the word complainant,
0:52but this sounds like a kvetch griping
0:55about a trivial grievance.
0:58We use the word victim, but this sounds
1:01like someone with no agency, who merely
1:04passively endures whatever is inflicted
1:06on them, and lacks the gumption to do
1:09anything about it.
1:11Using these terms is demeaning.
1:14No crime ever feels trivial to the
1:16person affected by it.
1:18The crimes dealt with in this court are
1:20all very far from trivial.
1:22Cases like this one are as serious as it
1:24gets.
1:26Moreover, anyone who supports a
1:28prosecution that is brought to trial is
1:30far from passive.
1:32It is a lengthy and demanding process
1:35that requires courage,
1:37persistence, and willpower.
1:40Far from lacking agency, such people
1:42have gumption by the truckload.
1:46Rape cases are perhaps the most
1:48ex-striking examples of this.
1:51The people,
1:52usually women, but not always,
1:55who suffer a rape, which then results in
1:57a trial,
1:58go through a very great deal to help our
2:01judicial system.
2:02Every single one of them
2:05should be thanked and admired
2:07unstintingly by every single one of us.
2:12Much has been said in the last several
2:14years about how uncomfortable our
2:16processes are for people who have
2:18endured rape, having to tell their story
2:21over and over again to the police,
2:24to the CPS, and ultimately to the jury.
2:28I'm well aware that in fact, there are
2:30nowadays scores of carefully trained and
2:32sensitive professionals in the police,
2:34in the CPS, in witness support, and in
2:37several other bodies
2:38who go to great lengths to care for and
2:40help the people affected.
2:43I wish that the excellent work they do
2:45were better publicized.
2:47Nevertheless, it is an undeniably
2:50uncomfortable process.
2:53The people who put themselves through it
2:55are, in my view, heroic.
2:57For me, the only word for them is not
2:59complainant or victim,
3:02nor even, as is sometimes now termed
3:04them, survivor.
3:06The only word that fits is hero.
3:10That is how I choose to think of the
3:11woman at the heart of this case.
3:14She, not you, Paul Quinn, is the person
3:17from this case whom I will remember for
3:19the rest of my days.
3:21She is truly a hero.
3:24That is the term I used to refer to her
3:26from this point onwards, in part because
3:29I do not wish to use her name, but
3:31mainly because she deserves it.
3:34Our hero
3:35gave evidence at the first trial
3:39in 2004.
3:42That will have been hard enough.
3:44And she must have thought at the time
3:46that that particular ordeal, at least,
3:48was over and done with.
3:50But a few years ago,
3:52the police had to break the news to her
3:54that it seemed that the wrong man had
3:56been convicted.
3:58So, she might have to go through the
3:59whole process again.
4:02She came here and she did exactly that.
4:06It was obvious to everyone here
4:09how excruciating she found it to come
4:11back to court a second time
4:14and how much it took out of her.
4:16Remarkably, she gave her evidence in
4:19plain sight of you, Paul Quinn, without
4:21asking for the protection of a screen.
4:24She gave her evidence clearly in an
4:26entirely straightforward and direct
4:28manner
4:29with no histrionics and no obvious
4:31rancor.
4:33But every step through the courtroom to
4:35the witness box looked agonizing
4:38and she clearly suffered horribly as she
4:40retold what happened,
4:42which she did with quiet dignity
4:45but through a constant stream of tears.
4:48No one who watched that could have been
4:50left unmoved.
4:54She is a remarkable person and I say all
4:56of this to give public tribute to her
4:59and to others like her.
5:02They do not come here for vengeance,
5:03which we do not give them.
5:05They do not come expecting closure,
5:08which is a largely mythical phenomenon,
5:10especially after an event such as rape.
5:13They come because they want the truth to
5:15be heard
5:16and because they know it is the right
5:19thing to do.
5:21Without them, it would not be possible
5:23to bring the guilty ones to justice.
5:25And this is why she, far above any of
5:28the police or the lawyers or the DNA
5:30scientists, is the hero of this story.
5:35I now come to the critical events.
5:38In July 2003,
5:40our hero was about 30 years old. It was
5:43a Friday.
5:44She finished work early that afternoon
5:47and went to her boyfriend's house.
5:49There was a small social gathering which
5:51went on for some hours.
5:53After it ended, she decided to walk back
5:56to her own house.
5:58This was quite a long journey.
6:00Longer, I suspect, than she realized
6:02when she started walking.
6:05The route required her to walk along
6:07Peel Lane,
6:09then along Armitage Avenue, and then
6:11along Cleggs Lane
6:13to the bridge that passes over the M62.
6:17By the time she got to this part of the
6:19journey, she had been walking for quite
6:21a long time.
6:22It was now after 4:00 in the morning.
6:25It must have been around this point,
6:27Bull Green, that you first saw her.
6:30You were walking in the opposite
6:31direction.
6:33You had been out drinking, dancing, and
6:35taking drugs in Farnworth.
6:38First in some of the pubs there, then in
6:40a club.
6:41You'd gone there with a friend, but it
6:43seems that he left before you did, as he
6:45sometimes would.
6:46And you were walking home by yourself.
6:49You walked across the bridge over the
6:51M62, down Cleggs Lane, and then down
6:54Armitage Avenue towards your home in
6:56Little Hulton.
6:58By this point, you were not very far
7:00from home.
7:02But you interrupted your journey because
7:04you saw this young woman
7:07out late at night
7:08walking by herself.
7:12She first became aware of you as she
7:14passed an area on Armitage Avenue with
7:17some bushes
7:18opposite the Woodlands Hospital.
7:21She did not see you at this point, but
7:23she heard someone with a voice which she
7:26described in terms similar to the way
7:28she described your voice, calling her
7:30from the bushes, threatening her, and
7:32telling her to come and join her in the
7:34bushes.
7:35This must have been you.
7:38And this means you must have seen her
7:40coming,
7:41got in the bushes and concealed yourself
7:44before she walked past.
7:48She walked on.
7:50You then turned around and followed her.
7:54Now walking away from your own home.
7:58We know this
7:59both because the the two witnesses who
8:02passed twice along the road saw her
8:05uh
8:06and a man following her who must have
8:09been her attacker.
8:11In other words, you
8:13walking behind her.
8:16The first time they saw you both, you
8:18were about 30 seconds behind her.
8:22The second time, you were much closer.
8:25By this point, she was aware that
8:27someone was following her
8:29and she was beginning to be anxious.
8:32She carried on walking.
8:35As she neared the bridge, you pounced.
8:39By this time, you had been following her
8:40for at least 0.9 miles,
8:44which when a policeman later walked the
8:46same route, took him just over 16
8:49minutes.
8:51You must have been watching her for
8:52slightly longer
8:54from at least just before the moment you
8:56first hid in the bushes waiting for her
8:58to get there.
9:01You waited until the perfect moment when
9:03no one else was about
9:06and you waited until she arrived at the
9:08perfect point in the road, which you
9:10knew very well
9:12as this was where you had lived nearly
9:13all your life all all your life.
9:17You raced at her from behind
9:20and bundled her off the road
9:22over or through some wooden railings and
9:24down a steep embankment
9:27to a level grassy area, which was
9:29sufficiently far from the road and
9:31sufficiently below it to be completely
9:34out of sight.
9:37You dragged her through the undergrowth,
9:39wrestling with her to get to this
9:41particular spot.
9:44You again threatened her
9:45and took her phone off her when she
9:47tried to use it to get help.
9:50You put your hands on her neck and
9:52strangled her.
9:54She thought she was going to die.
9:57She passed out.
9:59This is the section 21 offense in count
10:02one.
10:05While she was unconscious, you hit her.
10:08Possibly with your hand, but your hand
10:10does not appear to have been injured, so
10:12possibly with an object.
10:14You hit her face so hard that you broke
10:17her cheekbone.
10:19It was so badly shattered that she later
10:21needed surgery.
10:23Her face is still somewhat disfigured.
10:26She sees the injury every time she looks
10:29in a mirror and is reminded of what
10:31happened.
10:34You removed or disarranged her clothing.
10:37At some point, you had access to her
10:39breasts.
10:40You bit her left breast so severely that
10:44the nipple was partially severed and
10:46hanging loose. This caused profuse
10:49bleeding.
10:51The injuries to her face and to her left
10:53breast give rise to the section 18
10:56offense.
10:57I say again, this was committed while
10:59she was fully unconscious because you
11:01had strangled her into unconsciousness.
11:06And then, again while she was fully
11:08unconscious, you raped her, not once,
11:11but twice, in the vagina and in the
11:13anus.
11:16Before she lost consciousness, she
11:17remembered you ripping her knickers.
11:20When she regained consciousness, they
11:22were completely torn and were hanging
11:24off one ankle.
11:26You had left and she could not find her
11:28phone. You appear to have taken it away,
11:31presumably to stop her from using it.
11:35It is not clear how long she was fully
11:37unconscious.
11:39We know that she sent a text message
11:41from her phone
11:42at
11:4304:26
11:46from a location so close to the site of
11:48the attack that it can only have been a
11:51very few minutes before the attack
11:53occurred.
11:56We know that she regained consciousness
11:59sometime before 5:30 that morning.
12:04Which was approximately when,
12:07having managed, after several efforts,
12:10to get back to the top of the embankment
12:12and onto the road,
12:14she encountered an early morning dog
12:16walker who came to her assistance.
12:20It is therefore conceivable that she was
12:22fully unconscious for up to an hour.
12:25Although perhaps about 30 minutes is a
12:27more likely upper limit, bearing in mind
12:29her evidence that she drifted in and out
12:31of full consciousness for a while, and
12:34it took her some time to get to the top
12:36of the embankment.
12:38She was certainly fully unconscious long
12:40enough for you to commit all the
12:42offending in counts two, three, and
12:45four,
12:46and then get clear of the scene.
12:49So, it is hard to see that the period of
12:51unconsciousness can have been much less
12:53than about 10 minutes.
12:58After she met the kind dog walker,
13:00he took her to his house nearby.
13:03The police were called from there
13:05at 05:40
13:07and arrived at 05:55.
13:11It was on this occasion that our hero
13:13gave her first account to the police.
13:15Her evidence has been essentially
13:16consistent ever since, and in the main
13:19was not really challenged in the course
13:21of this trial.
13:25As is well known, the attention of the
13:27police swiftly focused on Mr. Andrew
13:30Malkinson,
13:31who was the subject of the original
13:33prosecution and trial in relation to
13:35these matters.
13:37Following his conviction in 2004,
13:40he remained in prison until December 20
13:4420.
13:47Mr. Malkinson's attempts to have his
13:49conviction overturned did not gain much
13:52publicity until his release.
13:55The journalist who principally
13:57championed his cause, Miss Emily Dugan,
13:59published her first article on the
14:01subject
14:02on the 13th of September 2020 in The
14:05Times.
14:06This was followed by a series of
14:08podcasts and increasing media coverage
14:12through 2021 and 2022
14:14until Mr. Malkinson's successful appeal
14:17in 2023.
14:21The prosecution were not able to find
14:23evidence covering your activities over
14:25much of the period from 2003 to 2020.
14:30However, it is notable that cloud
14:33records of your phone activity reveals
14:35that on the 12th of September 2019,
14:39you visited an old news story filed on
14:41the Manchester Evening News website back
14:43in 2004
14:45concerning Mr. Malkinson's conviction.
14:49You were interested in that story when
14:51very few other people yet were.
14:54On the same date, you also searched for
14:57wrongly convicted cases UK.
15:00Although very few people then thought
15:03that Mr. Malkinson had been wrongly
15:04convicted.
15:07The prosecution case against you was
15:09primarily based on DNA evidence, which
15:12it is not necessary to summarize for the
15:13purpose of considering your sentence.
15:16However, the prosecution also relied on
15:18the internet searches I have just
15:20mentioned, as well as other evidence
15:22relating to your search history.
15:25They said that it demonstrated that you
15:27were aware all along that Mr. Malkinson
15:30had been convicted of the offenses
15:32committed on Cleve's Lane in July 2003.
15:37And they were also aware all along that
15:39he had been wrongly convicted.
15:41Because those offenses were in fact
15:43committed by you.
15:51I have no doubt that the prosecution
15:53were right.
15:55This means that you knew not only what
15:58you had done to the woman you so
15:59savagely attacked and raped,
16:02but you also knew of the knock-on effect
16:05on Mr. Malkinson.
16:07Neither of these things appears to have
16:09troubled you at any point during the
16:1220-plus years that have passed.
16:15Not even during the trial, nor when you
16:17were interviewed by probation for your
16:19pre-sentence report.
16:22I come now to your previous convictions.
16:24You've been convicted of six previous
16:26offenses on four occasions, all when you
16:29were young.
16:31In 1991, you were convicted of two
16:33offenses involving sex with a
16:3513-year-old girl.
16:38You committed the offenses when you were
16:3915 or 16.
16:42You were sentenced to 180 hours
16:44community service.
16:46In 1993,
16:48you were convicted of arson and
16:50endangering life.
16:52You set light to a plastic wheelie bin,
16:54then placed it against the back door of
16:56your ex-girlfriend's property
16:58whilst she and her children were in bed.
17:02The back door of the house burnt through
17:04to the kitchen, but fortunately, the
17:06spray of the fire spread no further and
17:09no one was injured.
17:12You were sentenced to 2 years in a young
17:14offender institute.
17:16>> [clears throat]
17:20>> I can see that in 1992
17:24you were convicted of two offenses of
17:26ABH.
17:28However, I know nothing of the
17:29circumstances, save that you were
17:31sentenced to a 12-month probation order
17:33under 100 hours community service.
17:37You incurred no convictions between 1993
17:42and the commission of these offenses in
17:44July 2003.
17:46And none since July 2003 either.
17:51I turn now to the offending under counts
17:54one and two.
17:56Both Mr. Price Casey for the prosecution
17:58and Ms. Wilding Casey for you
18:01agreed that the best approach in
18:02principle was to treat one of the rape
18:04offenses or perhaps both as the lead
18:06offenses,
18:08these being the most serious,
18:10and to pass concurrent sentences on
18:12counts one and two with adjustments for
18:14totality.
18:17This is undoubtedly the best and most
18:19convenient course, which I'm happy to
18:21adopt.
18:22Furthermore, it is also undoubtedly
18:24correct that the two rape offenses are
18:27the most serious.
18:29However,
18:30it would not be right for the other
18:32offenses to be glossed over too quickly
18:35as if they were mere also-ran items.
18:38Considered in their own right, each of
18:41them is extremely serious.
18:45I deal first with count one, the section
18:4721 offense.
18:49As regards this,
18:51while it is not clear precisely how long
18:53how long the period of unconsciousness
18:56was which resulted from the
18:58strangulation that you inflicted, it
19:01must have been several minutes.
19:04Furthermore, it was an unconsciousness
19:06so profound that the heroic woman you
19:09put through this
19:11remained fully unconscious despite the
19:13extreme nature of what happened in the
19:16course of counts two, three, and four.
19:20The pain involved in the injuries to her
19:23face and her breast and in the forced
19:25penetration of her vagina and anus must
19:28have been extreme.
19:30That she nevertheless remained
19:32unconscious throughout all this and
19:34until sometime after you had left makes
19:37this a very unusual and serious case
19:40within the context of section 21.
19:44It resulted in all the classic
19:45indications of manual strangulation.
19:48Bruising to the neck and particular
19:50bruising in and around the eyes and in
19:52other typical locations.
19:55However, the reality is that the woman
19:57who I say is a hero is very lucky she
19:59did not die and luckier still that she
20:02did not incur significant brain damage
20:06given the oxygen deprivation that must
20:08have occurred in order for such
20:10long-lasting and profound
20:12unconsciousness to have resulted.
20:16You were not charged with attempted
20:17murder and I have no doubt that you had
20:19no intention to kill.
20:21However, you were unquestionably
20:23reckless in the sense of paying no heed
20:26whatsoever to the very obvious risk that
20:29what you did might cause death or very
20:32serious and long-lasting injury.
20:36There is no sentencing guideline
20:38applicable to the section 21 offense.
20:41However, I was helpfully taken to a
20:42number of relevant authorities including
20:45Crown against Enston 2002
20:48EWCA Crim 1375
20:51where the victim was not quite rendered
20:53unconscious and a sentence of six years
20:55was upheld.
20:57As well as the judgment of the Court of
20:58Appeal of Northern Ireland in Crown
21:00against Stewart 2020 NICA 62
21:04which emphasized the extremely dangerous
21:06nature of such offending.
21:09In addition, I've considered Crown
21:11against Woodbridge 2018 EWCA Crim 1537
21:16where the sentence after trial would
21:18have been 15 years, but that case
21:20involved considerably more planning.
21:23Excuse me. And the Section 21 offense
21:26was the lead offense and was sentenced
21:27as such.
21:29>> [clears throat]
21:30>> So, the sentence on that count was
21:31increased for totality.
21:34I consider this a serious case
21:38of the of the Section 21 offense class.
21:43And the strangulation that was affected
21:45was extreme, as was the unconsciousness
21:48that it caused.
21:50Taken in isolation,
21:52that is, if you had committed it
21:54intending to rape, but then had not gone
21:57on to commit rape or any other offense,
22:02and considering matters without regard
22:04to aggravating features, such as your
22:06extreme intoxication at the relevant
22:08time,
22:09my sentence would have been 12 years.
22:12I turn now to count two, the Section 18
22:15offense.
22:16As regards the Section 18 offense under
22:18count two, I again find it helpful to
22:20consider this if approached in
22:22isolation.
22:23That is, on the basis that injuries to
22:25the face and left breast were committed
22:27with intent, that is, if you had not
22:29committed the other offenses.
22:32The fact remains that these injuries
22:34were intentionally inflicted on a woman
22:37who lay on the ground unconscious and
22:40completely defenseless.
22:42They were serious injuries by the
22:44standard of the offense, albeit not the
22:46most serious,
22:47which have resulted in permanent
22:49scarring as described in the victim
22:51personal statement read to the court
22:52this morning.
22:54They were inflicted on someone who was
22:56utterly vulnerable.
22:59The offense falls into category A2 in my
23:03view for the purpose of the sentencing
23:05guideline with a starting point of 7
23:07years and a range of 6 to 10.
23:09It follows that if considered in
23:10isolation and without regard to
23:12aggravating features, my sentence would
23:14have been 7 years.
23:17I now turn to the two rape counts.
23:23It is convenient to deal with the two
23:24rape offenses together, that is counts
23:27three and four.
23:29Albeit I will ultimately have to reflect
23:31the fact that this case involves two
23:33rape offenses, not merely a single one.
23:37They were necessarily charged as
23:39offenses under the 1957 Act, not the
23:422003 Act that is now in force.
23:45But the current sentencing guideline is
23:48nevertheless informative and relevant.
23:51As regards harm, this incident has
23:54unquestionably resulted in severe
23:56psychological harm.
24:00The injury to the left breast
24:01constituted additional degradation and
24:04humiliation.
24:06You wanted to leave your mark on her,
24:08which you did by inflicting a severe
24:09injury to one of the most intimate parts
24:12of her body.
24:14There was an element of abduction in
24:16that you deliberately bundled her off
24:17the road and down the embankment to a
24:20location where you would not be seen or
24:21disturbed.
24:24It is unclear how long the rapes lasted.
24:27For that reason, I do not treat this as
24:28a prolonged incident, albeit it must
24:31have lasted for more than mere moments.
24:34It was certainly unusually violent, even
24:36by the standards of stranger rapes.
24:41As regards culpability, the prosecution
24:43has suggested that there was significant
24:45planning.
24:47I do not quite accept this in direct
24:49terms as it seems unlikely that the idea
24:51of committing rape occurred to you much
24:53before the incident in the bushes.
24:56However,
24:58turning away from home and pursuing
25:01somebody for almost a mile
25:04indicates a
25:06a commitment to the idea
25:08once it formed
25:10and persistence.
25:15It seems that from that moment you knew
25:18exactly where you should make your move.
25:22In considering culpability, I find it
25:25impossible to ignore the significance of
25:27the Section 21 offense.
25:29Raping someone who has first been
25:31strangled into unconsciousness in the
25:34extreme way that you did with the
25:36specific intention of then committing
25:38rape is a very distinct manifesta-
25:41manifestation of culpability even if not
25:44one that is canonically recognized in
25:47the sentencing guideline.
25:50In saying this, I of course recognize
25:52that it is important not to double count
25:54by adding to the rape counts to reflect
25:56totality when I have already had regard
25:59to the other counts
26:01one and two
26:02when assessing harm and culpability.
26:06Ultimately, both counsel accepted that
26:09the two rape offenses should be treated
26:10as falling into category A1 with a
26:13starting point of 15 years and a range
26:16of 13 to 19 years.
26:19I consider that the gravity of the harm
26:22caused and of your culpability are a
26:26long way above the norm for an offense
26:28of this kind.
26:30I therefore would consider a sentence
26:32significantly above the starting point
26:35even before considering the effect of
26:37other aggravating features and totality
26:41there being two rape counts as well as
26:43counts one and two.
26:46I now turn to consider harm to Mr.
26:48Malkinson.
26:50One unusual feature of this case is that
26:52while the person most directly affected
26:54by the offenses was the woman you
26:57attacked so viciously and raped, there
26:59have also been dire effects on Mr.
27:02Malkinson.
27:04The prosecution say that I should
27:06increase the sentence to reflect the
27:08harm done to him.
27:10The defense say that this would be
27:12unfair.
27:13His wrongful conviction is not
27:15attributable to anything you did or
27:17said,
27:18but to the mistakes made by the police
27:21and all the CPS and all the scientists
27:23previously involved.
27:27It is not for me to venture any opinion
27:30as to what mistakes were or were not
27:32made in relation to Mr. Malkinson.
27:36However, I find myself unable to ignore
27:39the extraordinary circumstances involved
27:42from your perspective.
27:45As I have explained, it is utterly clear
27:47that you knew throughout that another
27:50man had been arrested, charged,
27:52convicted, and imprisoned.
27:55You knew that his conviction was
27:57wrongful.
27:58You also knew that it was extremely
28:00useful to you.
28:02It must have preyed on your conscience
28:04that another man was in prison, in
28:06effect serving your sentence.
28:10It certainly should have preyed on your
28:12conscience.
28:13But you were only too willing to sit to
28:15to sit back and take advantage of his
28:18misfortune.
28:20It is true that you never did anything
28:23positive to implicate Mr. Malkinson.
28:26However, but for your offending, he
28:29would never even have been questioned.
28:32But for the care with which you made
28:34sure there was no evidence connecting
28:36you to the scene and that your shirt was
28:38disposed of, he would never have been
28:41suspected because the police would
28:43readily have identified the true
28:44culprit.
28:46But for your decision to allow his trial
28:48to unfold and his conviction to stand,
28:51he would not have remained in prison for
28:53the period he did.
28:56It would be entirely wrong to compare
28:58the indirect evil that you have done to
29:00Mr. Malkinson with the direct physical
29:03evil that you have done to the heroic
29:05woman who suffered at your hands that
29:07night.
29:09But, I do consider your conduct to both
29:10of them evil.
29:12And the harm done to both of them must
29:14be reflected in your sentence.
29:17I now turn to other factors increasing
29:19seriousness.
29:21The previous conviction convictions for
29:23sexual offenses are somewhat concerning,
29:26but not really comparable.
29:29The arson conviction is much more
29:30concerning because it indicates a
29:32complete disregard for the risks caused
29:35to others.
29:36So, there is a resonance with the
29:37Section 21 offense for which I now
29:39sentence you.
29:41However, I recognize that the arson
29:43offense occurred a long time ago
29:46and and a long time before these
29:47offenses, when you were, I think, 18 or
29:5019.
29:53Of more immediate significance are the
29:54following factors.
29:56First, our hero's vulnerability. She was
29:59a lone woman.
30:00Second, timing. This happened in the
30:03dead of night.
30:04Third, location.
30:06The precise place of the initial attack
30:08and of the spot where you then committed
30:09the offenses was a matter of careful
30:12selection.
30:14Fourth, you took the mobile phone in
30:16order to prevent her from calling the
30:18police or otherwise getting help.
30:21Fifth, in fact, when you left her, she
30:23was still unconscious and obviously
30:25seriously injured in an isolated spot
30:27where no one would come to assist her.
30:30You effectively left her for dead.
30:32If she had not come to and then managed
30:34to make it to the top of the embankment,
30:36which she found difficult, she would
30:38have died.
30:40Sixth, you disposed of evidence. Your
30:43shirt went missing after this night,
30:44presumably because it was blood stained.
30:47The evidence on this point from your
30:49ex-wife was very compelling, and I am
30:52certain that it counted heavily with the
30:53jury.
30:55Seventh, intoxication.
30:58In your police interview, you accepted
31:00you would have been drinking heavily,
31:02and probably also taking cannabis, and
31:04or speed, and or ecstasy.
31:07When you went out on these clubbing
31:08evenings, you did so with the express
31:11intention of getting drunk and high, and
31:13then having sex.
31:15You were described by one witness as
31:17obviously, quote, off his head, close
31:20quotes.
31:22As already indicated, I will have to
31:24increase the sentences on the two rape
31:26counts to reflect the fact that there
31:28were two rape offenses, and to reflect
31:31totality in general, subject to all the
31:33points already made about not double
31:35counting, in so far as they have been
31:37taken into account.
31:39I now come to personal mitigation.
31:42You've been diagnosed with pulmonary
31:44sarcoidosis,
31:46which will require treatment and
31:48monitoring whilst you are in prison.
31:50However, this is not a reason for not
31:51imposing a custodial sentence.
31:55I have read the important and useful
31:57letter from your current partner, Lisa
32:00Palmer, who speaks very well of you, at
32:02least over the period she has known you.
32:05I have also read the similar letters
32:07from your niece and from your father.
32:10It is always good for the court to be
32:11reminded that any sentence that is
32:13passed does not affect only the person
32:15in the dock.
32:17It also affects everyone in their
32:19immediate family circle.
32:22However, this cannot and does not deter
32:24me from imposing significant custodial
32:27terms for all these offenses.
32:29That is simply the unavoidable
32:32consequence of criminal conduct of this
32:35kind.
32:36The fact that this will have dreadful
32:38consequences for for others, perhaps
32:40especially Miss Palmer, is nobody's
32:43fault but yours.
32:46Now, I come to your apparent good
32:47conduct since 2003 or at least or at
32:50least since 2017.
32:53Your counsel, Miss Wilding Casey, has
32:55very correctly emphasized to me that you
32:57have had no convictions since 2003.
33:02You have acknowledged that you had
33:03involvement in the production of
33:04cannabis.
33:06You received a caution in 2013.
33:08And in your interview by probation, you
33:10accepted involvement in a cannabis grow
33:13in 2016.
33:16However, the real force of all this is
33:18that your life changed significantly
33:20after about 2017.
33:23Until that point, your lifestyle
33:24continued unaltered.
33:26Going out at weekends, looking to get
33:29intoxicated and have sex.
33:32Indeed, in some respects, it worsened.
33:36Because you developed a serious cocaine
33:38habit.
33:39However, in 2017, you appear to have
33:42belatedly grown up.
33:44You moved away from Manchester.
33:46Essentially, left your old habits
33:48behind. And formed a new relationship.
33:51Which appears to be stable and
33:53healthier.
33:55Miss Wilding Casey has drawn my
33:57attention to the Sentencing Council's
33:59guideline on historic sexual matters.
34:02Which states that an absence of further
34:04offending over a long period of time.
34:06Especially combined with evidence of
34:08good character. May be treated by the
34:10court as a mitigating factor.
34:13She's also directed me to the Crown
34:14against H J 2012 1 Weekly Law Reports
34:181416 at paragraph 47.
34:21Which is to similar effect.
34:24I acknowledge this.
34:26But such matters require careful
34:28attention to the context.
34:30The Sentencing Council guideline also
34:32notes that the more serious the offense,
34:35the less the weight that should be
34:36attributed to this factor.
34:39Furthermore, I fully accept that it is
34:41often salutary for the court to know how
34:43the defendant has behaved since the date
34:45of the offense.
34:46Because this may well provide good
34:48evidence of the defendant's character.
34:50If the offending behavior was anomalous
34:52or a blip,
34:54that is useful information and very
34:56often leads to a different approach when
34:57sentencing.
34:59Furthermore, defendants sometimes can be
35:01seen to have taken charge of themselves
35:03in response to the offense and all the
35:06resulting investigation,
35:08which often shocks them into making
35:09spontaneous efforts to alter the way
35:11they live and behave.
35:13This too is important when sentencing.
35:17The facts here are quite different.
35:19You may not have committed any further
35:21rape since 2003, but your behavior
35:23continued to be poor for a very long
35:25time.
35:26Indeed, in some respects, your
35:28burgeoning cocaine habit it got worse.
35:31I see no what sign whatsoever that you
35:33have ever repented of what happened that
35:35night in July 2003.
35:38Rather, the lengthy passage of time that
35:41has followed simply allowed you,
35:44eventually, to become a little older and
35:46wiser.
35:48This happens to almost everyone.
35:51It is not an indication of anything
35:53unusual or particularly creditable.
35:56Furthermore, in inviting me to ignore
35:58your unchanged life up to 2017,
36:02but give give credit for the way you
36:04changed your ways thereafter.
36:06Ms. Wilding Casey is effectively asking
36:08me to give credit for a process that
36:10took place over the years while you were
36:13out of prison and Mr. Malcolmson was
36:15serving his sentence.
36:19You were only able to develop in the way
36:20that you did because you sat back and
36:22enjoyed your liberty at the expense of
36:25another innocent man.
36:27In reality, Ms. Wilding Casey is asking
36:29me to reduce your sentence for something
36:32that only happened because you managed
36:34to evade justice for so long and at
36:36someone else's expense. I cannot accept
36:39this submission.
36:40However, I do accept that your altered
36:42lifestyle and behavior are relevant to
36:45the assessment of dangerous, which I
36:46turn to next.
36:49The prosecution has suggested that the
36:51offending in this case was so serious
36:53that I should impose a life sentence.
36:56If you had been charged shortly after
36:58July 2003
37:00and I was at sentencing you as a 29- or
37:0230-year-old man whose future was still
37:05unwritten, I might well have acceded to
37:07this suggestion.
37:09However, it is here that your altered
37:11lifestyle since 2017 really assists you.
37:16I cannot say that I consider you will
37:18present a significant risk of serious
37:20harm to the public for the whole of the
37:22rest of your life.
37:25However, assessing exactly what risk you
37:27will present and for how long is
37:29difficult.
37:30You are a cause for concern
37:33primarily because of the incredibly
37:34grave circumstances of these offenses.
37:38However, I am also troubled by your
37:40general behavior over a long period of
37:42time, which involved deliberate frequent
37:44intoxication,
37:46an attitude that you were entitled to
37:47sex from others.
37:49You boasted in interview of never having
37:51any trouble getting women to have sex
37:52with you, giving the impression that you
37:54expected it of them.
37:57And periodic episodes of loss of temper
37:59and violence, generally directed towards
38:01women, as with the arson offense and
38:04some other incidents or alleged
38:06incidents of domestic abuse directed at
38:08your ex-wife.
38:15I asked for a pre-sentence report
38:17specifically because it was obvious that
38:19I would need to assess your
38:20dangerousness and that this was likely
38:23to be troublesome.
38:25It is significant
38:27and a matter for concern
38:29that the probation service officer who
38:31interviewed you and provided the report
38:33clearly also finds this difficult.
38:36This is because your stance remains that
38:38you deny committing the offenses.
38:41That is by definition not a stance I can
38:43accept,
38:44but it means that as you appear before
38:46me today,
38:47you remain apparently without remorse or
38:50regret,
38:51and you appear to have no readiness to
38:53tackle and address the causes,
38:55characteristics, and circumstances that
38:57led to the offending.
39:00I have to consider what, if any danger,
39:03you will present to the public when
39:04released from prison.
39:06In all the circumstances, I consider
39:08that you will present a significant risk
39:10of serious harm, not indefinitely, but
39:12for a period of some years.
39:15This is a case where an extended
39:16sentence is justified and necessary.
39:19In assessing its duration, I have in
39:21mind your age and the age you will have
39:23reached at the date of your release and
39:25at the date of the completion of the
39:27custodial term. So, I come now to my
39:29sentence. Will you stand, please, Mr.
39:31Quinn?
39:33Taking the two rape counts as the lead
39:35offenses,
39:36uh I will impose the same sentence for
39:38each.
39:39The sentence for count three and for
39:41count four will be as follows.
39:44There will be a custodial element of 21
39:46years.
39:47I recognize that this is above the
39:48normal guideline range, even for a rape
39:51in the A1 category,
39:53but I consider this unavoidable given
39:55the extreme and unusual circumstances of
39:57this case.
39:59Added to this is an extension period of
40:013 years on account of dangerousness.
40:04This gives a total of 24 years.
40:08As already indicated, the sentence on
40:09count one is 12 years.
40:13The sentence on count two is 7 years.
40:17The sentence on each count is concurrent
40:18with the sentences on the other counts.
40:21I'll now explain the effect of this
40:22sentence.
40:24I've imposed a total sentence of 24
40:26years.
40:27You will be released from custody no
40:29later than 2/3 of the way through the
40:31custodial element of 21 years. In other
40:34words, you will be released from custody
40:37after 14 years.
40:39The time that you've served on remand
40:41will count towards this.
40:43I've been told that it is agreed that
40:44this comes to 633 days.
40:48Following your release, the remainder of
40:50the sentence will be served on license
40:51in the community.
40:53You must comply with all the conditions
40:54of your license, failing which you will
40:56be at risk of recall to prison to serve
40:59the remainder of the term in custody.
41:02I have to make ancillary orders.
41:04I certify that you've been convicted of
41:06a sexual offense, so that you must for
41:08an indefinite period keep the police
41:10informed at all times of your personal
41:12particulars, the address at which you're
41:14living, and any alteration in the name
41:16you're using. You will be given full
41:18details of these requirements on a form
41:21at the end of this hearing.
41:23The offense of which you've been
41:24convicted is one which will make you
41:26subject to barring from working with
41:28children or others for an indefinite
41:31period.
41:32You will be told of the restrictions
41:34under the Safeguarding Vulnerable Groups
41:36Act 2006 by the Disclosure and Barring
41:39Service.
41:41And I also impose, as I have to, the
41:43appropriate statutory charge.
41:46>> Right. Sorry.
41:48>> Doesn't apply. I'm told that doesn't
41:49apply. Very good. Then I don't have to.
41:52Is that because it's such an antique
41:53offense? Yes, thank you.
41:56Very good. I I hope then that I have now
41:58dealt with everything. Um
42:00unless there are any other points that
42:01counsel want to raise. No, thank you.
42:04And that will be all. This sit
42:05sentencing hearing is now at an end. I
42:07thank everyone involved. I thank above
42:09all the jury who whose patience was
42:12tremendous, and whose work was also um
42:16uh
42:17terrific. Um
42:20The public service that we require of
42:21jurors is one of the most important
42:24things that most citizens ever do.
42:27Uh and you now understand this only too
42:29well, I'm sure. Uh I I thank the counsel
42:32involved, uh whose assistance has been
42:34excellent throughout, uh and whose
42:36sensible cooperation has also been
42:38extremely noticeable. Uh I thank the
42:40solicitors and the other professionals
42:42who helped them, including the experts,
42:44uh who whose work was extremely
42:46interesting and was well explained. Uh I
42:48thank, of course, the the police, as
42:50always, uh and above all, uh I thank the
42:54lady to whom I've already acknowledged
42:56I'm indebted.

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