Court of Appeal upholds life sentence for Shane Nash

Court of Appeal upholds life sentence for Shane Nash

The Court of Appeal, Criminal Division, has dismissed the appeal of Shane Nash, who was challenging the life sentence imposed on him for serious sexual offences. The judgment, delivered by Lady Justice Andrews, with Mr Justice Swift and Mr Justice Pepperall concurring, confirmed the life sentence with a minimum term of 9 years and 192 days.

Shane Nash, aged 39 at the time of sentencing, had pleaded guilty to both attempted rape and rape of a 14-year-old girl. The offences occurred on 31 March 2023, and he was sentenced on 12 July 2023 by HHJ Rafferty KC at the Crown Court at Nottingham. The sentencing judge categorised the offences as category 1A under the Definitive Sentencing Guidelines, reflecting their severity.

The appeal primarily questioned whether the judge erred in imposing a discretionary life sentence instead of an extended sentence. The appellant's counsel, Mr S Eckersley, argued that the notional determinate sentence before credit for plea was excessive, and that the judge improperly considered facts from a previous robbery offence.

The Court of Appeal found no error in the sentencing judge's approach. Lady Justice Andrews noted that the offences were of extreme seriousness, involving a vulnerable victim and significant premeditation. The appellant's previous conviction for a robbery with similar predatory behaviour was rightly considered, reinforcing the judge's assessment of dangerousness.

Psychiatric evaluations presented during sentencing indicated that Nash suffers from a severe personality disorder, which may have impaired his judgment. However, the Court found that these mental health issues did not mitigate the risk he posed to the public. The appellant's lack of insight and the absence of effective treatment options further justified the life sentence.

The Court also addressed procedural errors in the original sentencing. The judge's initial remarks led to confusion about the minimum term, which was clarified at a subsequent hearing. The Court of Appeal directed corrections to the court record, ensuring it accurately reflected the statutory provisions applicable to Nash's sentence.

Ultimately, the Court concluded that an extended sentence would not suffice to protect the public, given the appellant's dangerousness and the uncertain prospects of rehabilitation. The life sentence, therefore, remained appropriate.

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