{"id":668194,"date":"2026-04-24T04:30:44","date_gmt":"2026-04-24T02:30:44","guid":{"rendered":"https:\/\/kohenavocats.com\/jurisprudences\/regina-v-ardzis-cicis\/"},"modified":"2026-04-24T04:30:44","modified_gmt":"2026-04-24T02:30:44","slug":"regina-v-ardzis-cicis","status":"publish","type":"kji_decision","link":"https:\/\/kohenavocats.com\/ru\/jurisprudences\/regina-v-ardzis-cicis\/","title":{"rendered":"REGINA v ARDZIS CICIS"},"content":{"rendered":"<div class=\"kji-decision\">\n<div class=\"kji-full-text\">\n<p>MR JUSTICE TURNER: 1 The\u00a0provisions of the Sexual Offences (Amendment) Act 1992 apply to this offence. Under those provision where a\u00a0sexual offence has been committed against a\u00a0person, no matter relating to that person shall, during that person&#039;s lifetime, be included in any publication if it is likely to lead members of the public to identify that person as the\u00a0victim of that offence. This prohibition applies unless waived or lifted in accordance with s.3 of the Act. 2 On 6\u00a0December\u00a02021 at the Crown Court in Liverpool before Ms\u00a0Recorder Tanya Griffiths QC the\u00a0appellant (then aged 23) was sentenced for an\u00a0offence of sexual assault contrary to s.3 of the Sexual Offences Act 2003 to two years and eight months&#039; imprisonment. In addition, he was sentenced to a\u00a0further period of two months&#039; imprisonment to be served consecutively for breach of a community order earlier imposed by Cheshire Magistrates&#039; Court for an\u00a0offence of driving a\u00a0motor vehicle with excess alcohol: thus making a\u00a0total of two years and ten months&#039; imprisonment. 3 He appeals against sentence by leave of the single judge. 4 Before turning to the\u00a0facts of the case, we need to make a\u00a0minor change to the\u00a0amount of the victim surcharge order which fell to be made in this case. When calculating the\u00a0victim surcharge the\u00a0figure should be based on the date of the commission of the\u00a0earliest offence before the\u00a0court, which includes the\u00a0date of\u00a0offence for a breached order that has been resentenced. In this case, the earliest date was\u00a04 May\u00a02018, the\u00a0date of the driving offences. According to the\u00a0Criminal Justice Act 2003 (Surcharge) (Amendment) Order 2016, the amount should therefore have been \u00a3170 and\u00a0not \u00a3180,\u00a0as specified by the\u00a0learned recorder, who therefore varied the\u00a0amount to reflect that. 5 We now turn to the\u00a0facts of the substantive offence. On 13\u00a0October\u00a02021 the\u00a0appellant&#039;s victim had been out in Warrington celebrating a friend&#039;s birthday. At about 2\u00a0o&#039;clock in the\u00a0morning she left the\u00a0nightclub where she had been with her friends to get a\u00a0taxi to go to her boyfriend&#039;s home in Norwich. She had had quite a\u00a0lot to drink. While on the telephone to her boyfriend, she took a\u00a0shortcut through an alleyway when she felt the appellant grab her shoulder from behind. He said &quot;I\u00a0want to lick your pussy&quot;. She told him she had a\u00a0boyfriend and tried to walk away. Undeterred, the appellant grabbed her left arm and pulled at her coat. She asked him to let her go, but he continued to hold onto her for a\u00a0couple of minutes. Her boyfriend, who had heard some of what was going on, was temporarily disconnected. She pulled herself free and ran towards the\u00a0nearby taxi rank. Her boyfriend called the\u00a0police and then asked her to stay on the line as she made her way to the rank. The appellant was still behind her and, again, tried to grab her. She asked two men nearby for help. 6 The\u00a0police arrived at the scene soon after and spoke to the\u00a0appellant&#039;s victim who was still with the two men she had approached for help. One of the officers saw the\u00a0appellant lingering nearby and his victim confirmed that he was the one who had followed her. The appellant lied to the officers, saying that he was waiting for a\u00a0friend and had been drinking with his landlord. However, some of the appellant&#039;s behaviour had been captured on CCTV which showed that he had been untruthful. 7 He was arrested on 17\u00a0October\u00a02021 and\u00a0was interviewed the\u00a0following day. He admitted having spoken with his victim, but denied having committed any offence against her. When charges were brought, however, he pleaded guilty at the first opportunity. 8 In her sentencing remarks the\u00a0Recorder reached the\u00a0conclusion that the defendant&#039;s offending fell between Categories 1A and 2A of the Sexual Offences Guideline. The sentence she passed was one of four years before deducting one-third to reflect his prompt guilty plea. 9 The\u00a0relevant grounds of appeal are: 1. The\u00a0learned recorder erred in concluding that the\u00a0offence fell between Category 1A and 2A in the sentencing guidelines. The\u00a0learned recorder took a\u00a0starting point of four\u00a0years, which was consistent with Category 1A and not in between the\u00a0categories, as has been indicated. 2. In any event, the offence should have been placed within Category\u00a02B of the Sentencing Guidelines. 3. Insufficient regard was had to the principle of totality. 4. Insufficient regard was had to the\u00a0appellant&#039;s limited convictions, absence of offending for two years, and the contents of the pre-sentence report. 5. Had the\u00a0sentence been under two years, consideration could have been given to a\u00a0suspended sentence order. 10 We consider that there is some force in the\u00a0first two grounds of appeal, but not in those which follow. 11 Category 1 harm encompasses the\u00a0following potentially material features: severe psychological or physical harm; abduction; violence or threats of violence. We agree that the appellant did inflict a\u00a0level of violence on his victim by manhandling her in what must have been terrifying circumstances. For a lone woman to be accosted in an alleyway in the\u00a0early hours of the morning by an\u00a0intoxicated and persistent stranger with a\u00a0clear sexual agenda is the stuff of nightmares. However, we are unpersuaded that the recorder was right to characterise his actions as being \u201cso similar to an\u00a0abduction\u201d as to introduce a\u00a0further element of Category 1 harm. 12 Furthermore, the\u00a0victim declined to provide an\u00a0impact statement, as she was fully entitled to do. But without seeking to trivialise the\u00a0seriousness of the attack, the\u00a0circumstances of the incident could not in the\u00a0absence of\u00a0other evidence be assumed to have had any lasting impact of that degree of severity which would be needed to satisfy the\u00a0criterion of severe psychological harm. 13 It is necessary also to bear in mind that the offending did not involve any actual sexual touching and fell within the\u00a0scope of being a sexual offence because of what the appellant had said, chilling as the implications were, rather than what he later did. Accordingly, the\u00a0serious element of physically intimate violation necessarily involved in the touching of genitalia or naked breasts as referred to as an\u00a0element of the lower Category\u00a02 harm was absent, as indeed was any other sexual contact. Category\u00a02 harm, however, also includes offending which involves a\u00a0sustained incident. It is this element of the appellant&#039;s persistence in physically harassing his victim which in our view best characterises his offending and which more accurately reflects the\u00a0sort of harm to which the guideline was directed. 14 The\u00a0recorder went on to consider that the offence fell into Category A culpability, because of the\u00a0element of &quot;a\u00a0significant element of planning&quot;. We are unable to agree with this analysis. Despite the\u00a0fact that the appellant had on his own admission followed her from the\u00a0club and into the\u00a0alleyway, this remained an\u00a0essentially opportunistic offence and any element of planning could not in our view comfortably be categorised as significant. In the absence of any other qualifying factors, we would therefore place this offence within Category B. The\u00a0characterisation of the\u00a0offending as Category B, which happens to accord with the basis upon which the prosecution sought to present the\u00a0case below, provides for a\u00a0starting point of one year and a\u00a0range of high level Community Order to two years&#039; custody. 15 We consider that there were significantly aggravating features here which mean that there was no alternative to passing a\u00a0non-custodial sentence. This may not have been a\u00a0carefully planned attack, but by leaving the club to follow his victim out and into the alleyway the\u00a0appellant was specifically targeting a particularly vulnerable victim. The\u00a0location of the\u00a0offence in an\u00a0alleyway in the\u00a0early hours of the morning fulfilled the\u00a0aggravating features of location and timing as identified in the\u00a0Guideline, as also does the\u00a0fact that the appellant had been drinking. It is a\u00a0further aggravating feature that this molestation took place while the\u00a0victim&#039;s boyfriend was witnessing over the\u00a0phone the\u00a0development of events. It must have been a\u00a0horrifying experience for him too. 16 Despite the\u00a0appellant having no previous relevant convictions, we will place the offence at the top of the bracket at two years. Had the\u00a0appellant had relevant previous convictions, it is likely he would have moved beyond the\u00a0relevant category range. With one-third discount for his plea, the\u00a0total is 16\u00a0months. Having regard to the\u00a0imposition of community and custodial sentence guidelines, we are satisfied that the appropriate punishment can only be achieved by immediate custody. The\u00a0seriousness of the offence precludes the\u00a0option of suspending it. The\u00a0imposition of a consecutive sentence of two\u00a0months in respect of the breach is unobjectionable, which gives a\u00a0total of 18\u00a0months. 17 The\u00a0judge&#039;s sentence, however, was far in excesses of the top of the range for a\u00a02B offence and in fact represented the\u00a0starting point for a\u00a01A offence. We regard this as being manifestly excessive and substitute a\u00a0total sentence of 18\u00a0months and, to that extent, this appeal succeeds. _______________<\/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\/2022\/827\" 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>MR JUSTICE TURNER: 1 The provisions of the Sexual Offences (Amendment) Act 1992 apply to this offence. Under those provision where a sexual offence has been committed against a person, no matter relating to that person 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&#8230;<\/p>\n","protected":false},"featured_media":0,"template":"","meta":{"_crdt_document":""},"kji_country":[7608],"kji_court":[8238],"kji_chamber":[],"kji_year":[32183],"kji_subject":[7612],"kji_keyword":[7633,8349,7925,8448,7652],"kji_language":[7611],"class_list":["post-668194","kji_decision","type-kji_decision","status-publish","hentry","kji_country-royaume-uni","kji_court-court-of-appeal-criminal-division","kji_year-32183","kji_subject-fiscal","kji_keyword-appellant","kji_keyword-category","kji_keyword-offence","kji_keyword-sexual","kji_keyword-victim","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>REGINA v ARDZIS CICIS - 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\/regina-v-ardzis-cicis\/\" \/>\n<meta property=\"og:locale\" content=\"ru_RU\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"REGINA v ARDZIS CICIS\" \/>\n<meta property=\"og:description\" content=\"MR JUSTICE TURNER: 1 The provisions of the Sexual Offences (Amendment) Act 1992 apply to this offence. 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