R v JJH

Facts

The offender and the victim had been married for 12 years. They had been separated for two years but still lived in the same house, in separate bedrooms. The victim shared her bedroom with their two young children. On 6 February 2023 the offender slapped the victim across the face after tracking her phone's GPS and suspecting she had lied about where she was. After a family celebration of her birthday on 28 February 2023, when both had been drinking, the victim woke in the night to find that the offender had lowered her pyjama bottoms and put his finger deep into her anus. When she resisted, he held on to her and bruised her. While on police bail, with a condition not to contact her, he phoned her daily asking her to withdraw her complaint, followed her to a beach and made it clear he was watching her home. The offender was 39 and had no previous convictions. In the Crown Court at Liverpool he pleaded guilty to assault by beating (count 2), and later to assault by penetration (count 3) and stalking causing serious alarm or distress (count 4). He entered the later pleas after HHJ Simon Medland KC gave a Goodyear indication. The judge placed count 3 in category 3B, rejecting the prosecution's submission that it was 2B, and passed a total sentence of 25 months' imprisonment. His Majesty's Solicitor General applied for leave to refer the sentence as unduly lenient.