Nicky Suddons, 26, has been given a second life sentence for attempted rape committed whilst on day release from prison.
An article in The Daily Mail set out the background
He had received a life sentence (minimum term four years) in 2005 when aged 17 for rape and six sexual assaults. The victims were aged 13 to 28 years. Several of the attacks were committed with the use of a knife.
Whilst on day release from that life sentence, he – so say the Mail – assembled a ‘rape kit’ containing condoms, a knife, balaclava and gloves, and set about trying to rape a 50-year-old woman who was walking her dog in a park. The Mail reports that Suddons was unsuccessful in his attempted rape because the victim’s dog attacked him.
Second life sentence
Suddons was given a life sentence with a minimum term of 6 years. The Judge said:
“I strongly suspect that the lesson in your case has been learned, and it will be many years, if not decades – and it may be never – when it comes to considering your release.
You are an extremely dangerous human being. I am convinced you will sexually assault and rape women in the future if you are released.”
Suddons was convicted and so we can assume that the Judge took a starting point of 12 years. There was no credit for pleading guilty and the starting point would have been increased by his previous offending, and the fact the offence was committed whilst he was on day release. It is likely to have been mitigated by the fact that this was an attempt, and not the full offence, however the effect of that as mitigation will be limited because of the fact that Suddon was prevented from carrying out the full offence, as opposed to changing his mind and stopping the attack of his own volition.
Is this an automatic life case?
Automatic life is also known as ‘two-strikes life’. This is because where an offender has a second listed offence, they are liable to a life sentence – the conviction for the second listed offence being their ‘second strike’.
Rape is a listed offence and so as Suddons has a previous conviction for it (the 2004 rape), at first glance it appears that automatic life applies, because of his second listed offence – the 2013 attempted rape.
However, as usual, it isn’t quite as simple as it first seems. There is a condition which requires the sentence imposed for the ‘first strike’ – in this case, the 2004 rape – is of a certain length. For life sentences, the offender must not be eligible for release in the first 5 years of the sentence. In this case, Suddons would have been eligible for release after 4 years (notwithstanding that it appears he was kept in prison beyond that tariff).
So the conclusion is that automatic life did not apply in this case because there was no ‘first strike’.
The route by which the Judge determined that Suddons’ offence warranted a life sentence is therefore discretionary life under CJA 2003 s 225 – what is known as the dangerousness provisions. The Judge asked himself whether Suddons posed a significant risk of serious harm to members of the public. Clearly he did and therefore a life sentence was imposed. The minimum term was set at 6 years and so this would count as a first strike in the future, if Suddons was ever to be released.