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With thanks to Harvey Fox of Freemans solicitors in London for the following :
"Att-Gen’s Ref 2018 Re Costin 2018 EWCA Crim 1381
D pleaded to seven counts of perverting the course of justice.
During a three-month period, D made seven false allegations against four men, namely four rapes, two sexual assaults and one assault.
D provided details of the offences saying in one how one victim had pushed her onto the carpet in her home and vaginally raped her. She accused another man of forcing his way into her house and ‘thumping’ her in the face.
Police found a kitchen knife in the garden and D said that the man had brought it with him. The allegations were all thoroughly investigated and some of the men were arrested multiple times and medically examined.
Strong alibis and the use of CCTV footage proved all the allegations to be false. CCTV footage also showed D dropping the kitchen knife in her garden right before she called the police to make the assault allegation.
Over a number of interviews, D eventually admitted to fabricating the allegations. She said that she reported one of the men because she wanted to get back at him because he owed her money. She also admitted to dropping the knife in her garden because she felt like it.
D said that she suffered from autism, stress and post-traumatic stress disorder as a result of being raped at the age of 10.
Three of the victims made impact statements about the devastating effect the false allegations had upon them, particularly for one of the victims who had learning disabilities.
A community mental health nurse said that D had been diagnosed with autism, pathological avoidance demand syndrome and emotional unstable personality disorder. A psychiatric report detailed the significant progress that D had made over the last few years. It noted that previously D had telephoned the emergency services or visited A & E or her doctor on almost a daily basis, but now that conduct had significantly reduced.
D had 16 previous convictions on seven occasions, mostly relating to offences contrary to Protection from Harassment Act 1997. D had had restraining orders, fines, conditional discharges and community orders, which she had frequently breached.
In October 2016, she breached a Restraining Order by persistently ringing emergency services unnecessarily.
D was on bail for the present offences when she committed an offence that led to a conviction for harassment in April 2017.
In a letter to the Judge, D said she would kill herself if sent to prison. The Judge concluded that prison would be inappropriate because of the risk of self-harm or suicide. He also considered that she had done well recently.
After sentence the prosecution relisted the case to show that three months before her plea she made a false rape allegation and in the same month as her sentence she had made a false allegation of sexual assault.
Also, D’s behaviour had become so bad that she was the only person to be banned from her mental health unit. Held.
The Judge placed too much emphasis on the offender’s problems and insufficient emphasis on the impact of her offences on the victims and for the criminal justice system as a whole. We start at 6½-7 years.
We acknowledge the extent of D’s difficulties and the considerable care and support that professionals have offered her over the years.
With her mitigation and the plea, 4 years, not a community order.
"Att-Gen’s Ref 2018 Re Costin 2018 EWCA Crim 1381
D pleaded to seven counts of perverting the course of justice.
During a three-month period, D made seven false allegations against four men, namely four rapes, two sexual assaults and one assault.
D provided details of the offences saying in one how one victim had pushed her onto the carpet in her home and vaginally raped her. She accused another man of forcing his way into her house and ‘thumping’ her in the face.
Police found a kitchen knife in the garden and D said that the man had brought it with him. The allegations were all thoroughly investigated and some of the men were arrested multiple times and medically examined.
Strong alibis and the use of CCTV footage proved all the allegations to be false. CCTV footage also showed D dropping the kitchen knife in her garden right before she called the police to make the assault allegation.
Over a number of interviews, D eventually admitted to fabricating the allegations. She said that she reported one of the men because she wanted to get back at him because he owed her money. She also admitted to dropping the knife in her garden because she felt like it.
D said that she suffered from autism, stress and post-traumatic stress disorder as a result of being raped at the age of 10.
Three of the victims made impact statements about the devastating effect the false allegations had upon them, particularly for one of the victims who had learning disabilities.
A community mental health nurse said that D had been diagnosed with autism, pathological avoidance demand syndrome and emotional unstable personality disorder. A psychiatric report detailed the significant progress that D had made over the last few years. It noted that previously D had telephoned the emergency services or visited A & E or her doctor on almost a daily basis, but now that conduct had significantly reduced.
D had 16 previous convictions on seven occasions, mostly relating to offences contrary to Protection from Harassment Act 1997. D had had restraining orders, fines, conditional discharges and community orders, which she had frequently breached.
In October 2016, she breached a Restraining Order by persistently ringing emergency services unnecessarily.
D was on bail for the present offences when she committed an offence that led to a conviction for harassment in April 2017.
In a letter to the Judge, D said she would kill herself if sent to prison. The Judge concluded that prison would be inappropriate because of the risk of self-harm or suicide. He also considered that she had done well recently.
After sentence the prosecution relisted the case to show that three months before her plea she made a false rape allegation and in the same month as her sentence she had made a false allegation of sexual assault.
Also, D’s behaviour had become so bad that she was the only person to be banned from her mental health unit. Held.
The Judge placed too much emphasis on the offender’s problems and insufficient emphasis on the impact of her offences on the victims and for the criminal justice system as a whole. We start at 6½-7 years.
We acknowledge the extent of D’s difficulties and the considerable care and support that professionals have offered her over the years.
With her mitigation and the plea, 4 years, not a community order.
; I must google 'pathological avoidance demand syndrome' in case this excuses her actions...
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