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Mr Brian McCartney KC with Mr Paul Foster (instructed by Mark Reid Solicitor) for the Applicant Ms Lauren Cheshire (instructed by the Public Prosecution Service) for the Respondent
We have anonymised the applicant�s name to protect the identity of the complainant. �She is entitled to automatic anonymity in respect of these matters by virtue of section 1 of the Sexual Offences (Amendment) Act 1992. �The applicant is a referred to as a cypher to avoid jigsaw identification of the complainant.
[1]������ This is a renewed application for leave to appeal against a total sentence of eight years� custody and three years� probation, imposed on 11 September 2023 by the Recorder of Londonderry HHJ Rafferty KC (�the judge�) at Londonderry Crown Court for various sexual offences set out below. �Leave was refused by the single judge, McAlinden J, in a comprehensive ruling. �After hearing from counsel, we indicated our decision to dismiss the appeal.� These are our reasons.
[2]������ The applicant was returned for trial on the 9 August 2022. �The applicant was arraigned and pleaded not guilty to all counts on the Bill of Indictment on 14 October 2022. �The matter was listed for trial to begin on 20 February 2023. �The applicant was re-arraigned and pleaded guilty to counts 1, 2, 3, 5, 7, 9, 12 and 15 on 20 February 2023. �The remaining counts were left on the books. �The applicant was then sentenced as follows:
[3]������ The applicant lodged a notice of appeal dated 5 October 2023. We also allowed an application at hearing for amended grounds of appeal to be argued before us.� Mr McCartney KC focussed on the following appeal points:
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