Suspension portion of sentence for rape could not require admission of guilt where offender maintained innocence

The Court of Appeal has allowed an appeal against the severity of a sentence imposed on a man convicted of historical sexual offences, including attempted rape and rape, due to an unlawful condition attached to the suspension of the final year of his sentence. The original sentence required the appellant to complete a rehabilitation program, which necessitated an admission of guilt, a condition he could not fulfill while maintaining his innocence. The Court found this precondition to be potentially coercive and therefore unfair, unlawful, and disproportionate. The Court has re-sentenced the appellant, imposing the same headline sentences but suspending the unserved balance of the nine-year sentences from the date of the decision, subject to new conditions that did not require an admission of guilt.