MICHAEL SMITH FROM BRISTOL SENTENCED TO INCREASED SENTENCE AFTER ATTACK IN SOUTH GLOUCESTERSHIRE
A man who assaulted a vulnerable woman after she confided in him about her childhood sexual abuse has had his prison sentence lengthened.Michael Smith, 26, from Bitton in South Gloucestershire, raped the victim following a party in August 2017.
Earlier that evening, she had expressed her anxiety about having sex due to her past experiences, but Smith removed her clothing while she was asleep and assaulted her.
When the victim threatened to report him, Smith falsely accused her of harassment to the police, despite having previously apologized to her in text messages for the incident.
Smith, who was employed by Bristol Ambulance Service, admitted to colleagues that he had raped the woman, and they reported his admission to the authorities.
Police discovered four extreme pornographic images on Smith’s phone—one of which he shared with friends via WhatsApp.
Smith ultimately pleaded guilty to one count of rape and four counts of possessing extreme pornography.
At Bristol, sentencing judge Julian Lambert considered Smith’s age, his good character, his guilty pleas, and the current issues within the prison system caused by the pandemic.
However, the Attorney General, Suella Braverman, argued in the High Court that Smith’s sentence was too lenient, especially considering the impact of his actions on the victim.
During the appeal hearing, it was revealed that the victim felt worthless and dirty; even three years after the attack, she found it difficult to imagine being in a relationship with a man.
Ms.
Braverman stated that the starting point for sentencing should have been eight years before deductions for mitigation and guilty pleas.
She also contended that the four-month sentence for the possession of extreme pornography should not run concurrently with the rape sentence, as these offenses were unrelated.
In response, Lady Justice Macur increased Smith’s rape sentence to five years and three months, remarking, "This sentence should not have been reduced below the bottom of the range before the discount was applied." She described the possession of extreme images as a "separate category of offending" warranting consecutive sentences, but ultimately reduced the sentence for each possession to three months to run concurrently, bringing the total sentence to five years and six months.
Smith appeared at the hearing via video link, visibly with his head in his hands as the ruling was announced.
Following the decision, the Attorney General commented: "Smith’s repulsive actions, and the extent to which he lied to cover up his guilt, were truly shocking and caused severe harm to the victim.
I am pleased I was able to personally present this case and I welcome his sentence being increased."
