R v MIK

Facts

The applicant, referred to as MIK, had been in a relationship with the complainant, C1, for over 20 years. The prosecution case was that throughout the relationship he had been controlling and coercive: he prevented C1 from seeing her family, installed cameras at her workplace to monitor her movements, threatened to kill their dog and threatened to assault men she was seen talking to. On 8 December 2023, in the Crown Court at Newcastle before Her Honour Judge Clemitson, he was convicted of rape contrary to section 1(1) of the Sexual Offences Act 2003 (count 4, a multiple-incident count of anal rape) and of engaging in controlling or coercive behaviour in an intimate or family relationship contrary to section 76(1) and subsection (11) of the Serious Crime Act 2015 (count 8). He was acquitted of three further counts of rape, two counts of assault by penetration contrary to section 2 of the Sexual Offences Act 2003 and one of sexual assault contrary to section 3 of the Sexual Offences Act 2003. He received an extended determinate sentence under section 279 of the Sentencing Act 2020 of 12 years, comprising a custodial term of 8 years and an extended licence period of 4 years, with a concurrent 4 years on count 8. His application for leave to appeal against sentence was dismissed, as were all but one of his grounds of appeal against conviction. After leave was refused on the papers in early December 2024, a mobile phone was found at his aunt's address containing messages said to be between him and C1 from a week in October 2021, in which C1 spoke of her lies and of never refusing sex. The remaining ground, based on that fresh evidence, concerned count 4 alone.