TH, R v

[1] As this is an application relating to a sexual offence automatic reporting restrictions apply in respect of protecting the identity of the victim. In view of the complainant's right to anonymity she shall be referred to throughout this judgment as V.

[2] At trial Mr Johnston represented the appellant. On the appeal Mr Lyttle QC appeared with Mr Johnston for the appellant. Ms Brady appeared on behalf of the Crown. The Court is grateful to Counsel for their focussed written and oral submissions.

[3] On 7 June 2013 the appellant was arraigned and pleaded guilty to Counts 2-4 (Common Assault, Criminal Damage and Possession of a Class B Drug respectively) and pleaded not guilty to Count 1 (Sexual Assault by Penetration). Almost 10 months later on 7 March 2014 the appellant was re-arraigned and pleaded guilty to Count 1. This was one week before his trial before Her Honour Judge Philpott at Belfast Crown Court.

[4] On 11 April 2014 the appellant was sentenced to a determinate custodial sentence of 3 years' imprisonment (18 months' imprisonment and 18 months' licence period) in respect of count 1; on count 2 (S47 OAPA Common Assault), DCS 1 year imprisonment (6 months' imprisonment and 6 months' licence) (concurrent with Count 1); on count 3 (criminal damage), 6 months' imprisonment (concurrent with Count 1) and on count 4 (possession of Class B drug) 3 months' imprisonment (concurrent with Count 1).

[5] The appellant appealed with leave of the Single Judge against a total effective sentence of 18 months imprisonment followed by 18 months on licence.