Background
Riad Mushrafi, a serving prisoner, pleaded guilty to offences arising from his conduct toward two female prison officers. He grabbed one officer’s buttocks and received six months’ imprisonment for sexual assault.
In a separate incident involving another officer, Mushrafi asked that she be given a sexually graphic handwritten letter and spoke to her about masturbating over her and giving her orgasms. He pleaded guilty to harassment and received two months’ imprisonment, consecutive to the six-month term. The resulting eight-month sentence was also to be served consecutively to the sentence he was already serving.
After a single judge refused permission to appeal, Mushrafi renewed his application to the Court of Appeal and sought an extension of time. He argued in substance that he had not used force or restraint and that his conduct involved only words or notes.
The Court’s Holding
The Court of Appeal refused the renewed application for permission to appeal. It held that the sentencing judge was entitled to classify the sexual assault as culpability category A and harm category 3, and noted that aggravating features were present.
The court also held that a consecutive sentence for harassment was justified because that offence was directed at a different prison officer. It therefore left the sentences undisturbed.
Key Takeaways
- The sentencing judge was entitled to place the sexual assault in culpability category A and harm category 3.
- The absence of force or restraint did not establish an arguable basis for challenging the sentence.
- A consecutive sentence was justified where the harassment involved a different victim from the sexual assault.
Why It Matters
The decision confirms that sexual touching may warrant a high culpability classification even without force or restraint, depending on the circumstances and aggravating features.
It also illustrates that courts may impose consecutive terms for distinct offences against different victims, including when both offences arise from misconduct by a serving prisoner toward prison staff.