{"id":606825,"date":"2026-04-19T15:18:49","date_gmt":"2026-04-19T13:18:49","guid":{"rendered":"https:\/\/kohenavocats.com\/jurisprudences\/r-v-jean-claude-placide\/"},"modified":"2026-04-19T15:18:49","modified_gmt":"2026-04-19T13:18:49","slug":"r-v-jean-claude-placide","status":"publish","type":"kji_decision","link":"https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-jean-claude-placide\/","title":{"rendered":"R v Jean-Claude Placide"},"content":{"rendered":"<div class=\"kji-decision\">\n<div class=\"kji-full-text\">\n<p>MRS JUSTICE FARBEY: 1 The provisions of\u00a0the Sexual Offences (Amendment) Act 1992 apply to\u00a0this offence. Under those provisions no matter relating to the victim of\u00a0the applicant&#039;s offences shall during that person&#039;s lifetime be included in any publication if it\u00a0is likely to lead members of the public to\u00a0identify that person as the victim of\u00a0those offences. This prohibition applies unless waived or lifted in accordance with section\u00a03 of\u00a0the Act. 2 On 9\u00a0November\u00a02022 in the Crown Court at Croydon, before Her Honour Judge Lowe, the applicant (then aged 57) was convicted of\u00a0six offences. On 4\u00a0January\u00a02023 before the same judge the applicant was sentenced as follows: on each of four counts of\u00a0rape (counts\u00a01, 3, 4\u00a0and 5), an extended determinate sentence of\u00a022\u00a0years, pursuant to\u00a0section\u00a0279 of\u00a0the Sentencing Act 2020, comprised of\u00a0a\u00a0custodial term of\u00a017\u00a0years and an\u00a0extended licence period of\u00a05\u00a0years, each to\u00a0run concurrently with each other; on one count of\u00a0false imprisonment (count 2), 3 years&#039; imprisonment to run concurrently; on one count of\u00a0controlling or coercive behaviour in an\u00a0intimate or family relationship (count 6), 3 years 6 months\u2019 imprisonment to\u00a0run concurrently. The total sentence was therefore an\u00a0extended determinate sentence of\u00a022\u00a0years. Appropriate ancillary orders were made. 3 The applicant applies for an\u00a0extension of\u00a0time of\u00a096\u00a0days in which to\u00a0renew his application for leave to appeal against sentence following refusal by\u00a0the single judge. 4 The facts may be taken from the Court of Appeal Office summary. There is no need for us to\u00a0dwell on the distressing detail. It\u00a0is sufficient to\u00a0note that the applicant and C1\u00a0commenced a\u00a0relationship in 2014. A\u00a0year into the relationship the applicant&#039;s behaviour towards C1\u00a0changed. He\u00a0became distrustful of\u00a0her relationships with other men and accused her of\u00a0being antagonistic. Count 3 reflected an occasion between 2016 and 2018 when the applicant woke C1 and raped her. He\u00a0pushed C1&#039;s legs into a\u00a0painful position that made it very difficult for her to\u00a0breathe. When C1 told the applicant that he\u00a0was hurting her, he\u00a0simply carried on. 5 On 13\u00a0December\u00a02018 the applicant raped C1 (count 1) and falsely imprisoned her (count 2) in his flat. C1 had attempted to leave before the rape but the applicant shut the door and pushed C1 into the bathroom, where he\u00a0raped her. The applicant told C1 to\u00a0shut up or he\u00a0would kill her. He pulled her hair and threatened to\u00a0put her head through the bathroom mirror. He banged C1&#039;s head repeatedly against the wall before continuing to rape her. After the applicant went to bed, C1 tried to\u00a0leave but the applicant stopped her. He\u00a0took a\u00a0pair of\u00a0kitchen scissors and told C1 to take her clothes off and get into bed. C1\u00a0was allowed to\u00a0leave the following morning. 6 In 2018, during a trip to Tenerife, the applicant became angry after seeing C1\u00a0speak to\u00a0another man. He pulled her into the apartment which caused her to fall to the floor and bang her head. He accused C1\u00a0of\u00a0having sex with a\u00a0man and forced her into the shower where he\u00a0kept her for a number of hours to &quot;cleanse&quot; C1 of her &quot;sins&quot;. The following morning C1 told the applicant that she was going to\u00a0hospital because of\u00a0the injury to\u00a0her head. The applicant told C1\u00a0that she was not going to\u00a0hospital and then anally raped her (count\u00a04). The applicant anally raped C1\u00a0on a\u00a0further two occasions (count\u00a05). 7 Count 6 related to the applicant using and threatening considerable violence against C1, as well as using demeaning language. He made and sent repeated unwanted phone calls and texts. 8 C1&#039;s personal impact statement sets out how she suffered physical injuries and an erosion of\u00a0self-confidence that has affected her interaction with family and friends. She suffered other psychological effects. 9 In her sentencing remarks the judge made plain that she was applying the Sentencing Guideline for rape. She concluded that each of the rapes was a\u00a0category\u00a02A\u00a0offence which means that she regarded them as medium harm but high culpability offences. The starting point for a\u00a0single category\u00a02A offence is 10\u00a0years&#039; custody. The category range is 9 to 13 years&#039; custody. 10 In relation to the offence of\u00a0controlling or coercive behaviour, she concluded that the offence fell within category\u00a01A, meaning that the offence was one of high harm and high culpability. The starting point was two and a\u00a0half years and the category range was one to\u00a0four years. 11 There are no Sentencing Guidelines for false imprisonment. The judge noted that the offence went on for a prolonged period and that the applicant had utilised the threat of\u00a0violence by a\u00a0weapon, namely the scissors. 12 The judge dealt with aggravating factors, which included ejaculation so far as the rapes were concerned and the fact that some of\u00a0the applicant&#039;s behaviour was undertaken when intoxicated with alcohol. By\u00a0way of\u00a0mitigation the judge took into consideration the lack of\u00a0relevant previous convictions, the effect of imprisonment on the applicant&#039;s family, particularly his children, and the applicant&#039;s very troubled early life. She had the benefit of\u00a0a\u00a0Pre-Sentence report. On the basis of all the evidence &#8212; in particular the conclusions of\u00a0the Pre-sentence Report &#8212; the judge concluded that the applicant satisfied the statutory test for dangerousness such that she should impose an extended licence period. 13 Balancing the aggravating and mitigating factors, she imposed a 17-year custodial period for each of the rapes to\u00a0reflect the seriousness of\u00a0the applicant&#039;s offending as\u00a0a\u00a0whole. We have already set out the other elements of the sentence which was, in total, an\u00a0extended determinate sentence of\u00a022\u00a0years. 14 In his grounds of\u00a0appeal, the applicant submits that the sentence was manifestly excessive. He\u00a0contends that the judge erred in concluding that the rape offences, when taken together, elevated the offending into category\u00a01A of the Sentencing Guideline, and then in imposing an\u00a0extended sentence of\u00a022 years. He submits that the rape offences should have been placed in category\u00a02A of the guidelines with an upward adjustment to\u00a0take into account their number and nature. He\u00a0submits in correspondence that relevant evidence or relevant challenges were not made at trial. In this latter regard his submissions amount in effect to\u00a0a\u00a0disagreement with the jury&#039;s verdicts. The points he\u00a0makes are irrelevant to\u00a0a sentence appeal. A further denial of his offending behaviour takes him nowhere in this application. 15 The submission that the sentence is manifestly excessive is not arguable. As\u00a0we have said, the starting point for a\u00a0single offence of\u00a0rape was in this case 10\u00a0years, but the judge had to\u00a0sentence the applicant for four offences of\u00a0rape as well as for the serious offences of\u00a0false imprisonment and controlling or coercive behaviour. The applicant could, therefore, expect a\u00a0very significant upward adjustment from the starting point for a\u00a0single offence. 16 The judge was bound to\u00a0impose an overall sentence that was just and proportionate, reflecting the overall seriousness of the applicant&#039;s offending. The applicant&#039;s offending was very serious. It is not realistic to\u00a0argue that the judge could not impose an overall sentence that was higher than the category range for a single offence of\u00a0rape. 17 The judge&#039;s decision to impose an extended licence period is not open to\u00a0criticism and has not been the subject of\u00a0challenge before us. 18 The only question for this court on an\u00a0appeal is whether the overall sentence was either manifestly excessive or wrong in principle. It\u00a0is not arguable that either of\u00a0these tests is met. We regard the sentencing remarks as\u00a0clear and well structured. The sentence was perhaps generous to\u00a0the applicant. 19 For these reasons we refuse to\u00a0extend time, which would serve no purpose, and would refuse leave to appeal. _________<\/p>\n<\/div>\n<hr class=\"kji-sep\" \/>\n<p class=\"kji-source-links\"><strong>Sources officielles :<\/strong> <a class=\"kji-source-link\" href=\"https:\/\/caselaw.nationalarchives.gov.uk\/ewca\/crim\/2023\/1636\" target=\"_blank\" rel=\"noopener noreferrer\">consulter la page source<\/a><\/p>\n<p class=\"kji-license-note\"><em>Open Justice Licence (The National Archives).<\/em><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>MRS JUSTICE FARBEY: 1 The provisions of the Sexual Offences (Amendment) Act 1992 apply to this offence. Under those provisions no matter relating to the victim of the applicant&#8217;s offences shall during that person&#8217;s lifetime be included in any publication if it is likely to lead members of the public to identify that person as the victim of those offences&#8230;.<\/p>\n","protected":false},"featured_media":0,"template":"","meta":{"_crdt_document":""},"kji_country":[7608],"kji_court":[8238],"kji_chamber":[],"kji_year":[24566],"kji_subject":[7612],"kji_keyword":[7875,7621,7925,8348,8347],"kji_language":[7611],"class_list":["post-606825","kji_decision","type-kji_decision","status-publish","hentry","kji_country-royaume-uni","kji_court-court-of-appeal-criminal-division","kji_year-24566","kji_subject-fiscal","kji_keyword-applicant","kji_keyword-judge","kji_keyword-offence","kji_keyword-sentence","kji_keyword-years","kji_language-anglais"],"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v27.5 (Yoast SEO v27.5) - https:\/\/yoast.com\/product\/yoast-seo-premium-wordpress\/ -->\n<title>R v Jean-Claude Placide - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-jean-claude-placide\/\" \/>\n<meta property=\"og:locale\" content=\"ru_RU\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"R v Jean-Claude Placide\" \/>\n<meta property=\"og:description\" content=\"MRS JUSTICE FARBEY: 1 The provisions of the Sexual Offences (Amendment) Act 1992 apply to this offence. 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