The Court of Appeal has increased the prison sentences of three Lewisham men convicted of raping a 14-year-old girl, following a challenge brought by the Attorney General.
Daryl German’s custodial term has risen from 15 to 18 years. Jordan Wint’s sentence has increased from six years to eight years and six months, while Deon Smith’s has gone from seven to nine years.
The judges’ decision on 12 November followed a referral under the Unduly Lenient Sentence scheme. The three men had originally been sentenced at Woolwich Crown Court on 10 April.
German’s sentence also includes an extended licence period of three years. That period was part of the original sentence and remains in place after the appeal.
The sentences
German, 43, was sentenced for three counts of rape, arranging or facilitating another person’s travel with a view to exploitation, and two counts of making indecent images of children. The Court of Appeal added three years to his original custodial term.
Wint, 31, was sentenced for rape and assault by penetration. His custodial sentence was increased by two years and six months. Smith, 45, was sentenced for rape and received an additional two years.
All three were placed on the sex offenders register for life when they were sentenced in April. The appeal concerned the length of their sentences; it did not change the offences for which they were convicted.
The court heard that German took the girl to a flat and arranged for her to be taken to other addresses, where she was raped by the three men. Police found her during their investigation and arrested the men. Officers also found indecent images of the child on German’s phone when he was arrested.
The girl’s identity is protected by law.
Attorney General Ellie Reeves welcomed the increased sentences and said her thoughts remained with the victim. She described the offences as a series of rapes and sexual assaults against a child who should have been kept safe.
How a sentence review works
The Unduly Lenient Sentence scheme allows people to ask for certain Crown Court sentences in England and Wales to be reviewed if they believe they are too low. Rape and other sexual offences are among the types of case covered by the scheme.
Anyone can ask for a review; they do not have to have been involved in the case. The Attorney General’s Office considers the request, and a law officer may refer an eligible sentence to the Court of Appeal if it appears unduly lenient. A request must be made within 28 days of the original sentencing, including weekends and bank holidays.
A referral does not automatically mean a sentence will be increased. The Court of Appeal can refuse to hear a case, leave a sentence unchanged or increase it if it finds the sentence unduly lenient. The legal threshold is more demanding than simply deciding that another judge might have imposed a longer term.
In this case, the Attorney General referred the three sentences and the court increased each one.
Custody and licence
An extended sentence has a custodial term and an additional period on licence. After release, the person remains subject to supervision through the extended period. The length of the custodial term should not be taken as a prediction of the exact date on which an individual will be released.
People aged 16 or over in England and Wales who have been affected by sexual violence can call the free 24/7 Rape and Sexual Abuse Support Line on 0808 500 2222. Children under 16 can contact Childline free on 0800 1111.
