Seven year suspended sentence of man who raped girlfriend while she slept 'unduly lenient', court rules
Published 15/03/2016 | 12:02
A Norwegian man's wholly suspended sentence for raping his girlfriend multiple times while she slept was “unduly lenient” the Court of Appeal has found
Magnus Meyer Hustveit (26), had pleaded guilty at the Central Criminal Court to one count of rape and one count of sexual assault committed against his 28-year-old girlfriend between 2011 and 2012.
He was given a wholly suspended seven year sentence by Mr Justice Patrick McCarthy on July 13 2015.
Hustveit, whose former partner, Niamh Ni Dhomhnail, waived her right to anonymity so that his identity could be published, returned to his native Norway after sentencing.
The Director of Public Prosecutions successfully sought a review of Hustveit's sentence today on grounds that it was “unduly lenient”.
Giving judgment Mr Justice George Birmingham said it wasn't in dispute that this was an unusual case. Much of the offending behaviour occurred without the victim's knowledge. All of the offending was only known because of detailed admissions made by Hustviet in an email response at the victim's request.
He said the combination of a number of factors – Hustveit's cooperation, his previous good character, he was now leading a positive life in Norway – justified and required a sentence that would appreciably less than would be normal.
However, Mr Justice Birmingham said the sentencing judge erred in imposing an entirely non-custodial sentence. Accordingly, the court set aside the sentence and will proceed to a fresh sentence hearing this afternoon.
More to follow