Welshpool child rapist Benjamin Sidwell's appeal rejected
Benjamin Sidwell, 37, was found guilty by a jury of seven counts of sexual offences against a young girl following a trial in April last year.
The most serious was rape and sexual assault by penetration in Welshpool.
At Sidwell's sentencing hearing, Judge Niclas Parry said the Shropshire man groomed the girl for his "own sexual gratification in a persistent and devious way", and had shown "absolutely no remorse, and you continue to blame your young victim".
READ MORE | Man jailed for 14 years for grooming and raping young girl in Welshpool
An appeal against his conviction and sentence was heard by Mrs Justice Mary Stacey sitting with Lady Justice Nicola Davies and Mrs Justice Jennifer Eady in July.
Sidwell claimed that his semen, which was found on shorts which the girl had been wearing, could have been "indirectly transferred… rather than from direct transmission from sexual conduct" with the victim.
He said the credibility of the girl's account was "undermined" because his hand had been bandaged at the time of his arrest and also argued that there was an "insufficient" investigation and forensic analysis on the bandage, shortly after the last offences took place of sexual touching over clothes.
He alleged that the girl's evidence was "inconsistent" and that no corroborating text messages had been found.
The lack of text messages, Mrs Justice Stacey, said on behalf of the Crown, was because the victim's evidence was that Sidwell sent messages by Snapchat which has a disappearing message function which he had activated and that after the girl deleted him from her contacts, the messages were automatically lost from her phone too.
She also said there was "sufficient" evidence heard before the jury, based on which they were entitled to convict Sidwell.
It was the Crown's opinion that "it is not reasonably arguable that the conviction was unsafe' and refused the appeal.
Mrs Justice Stacey said: "His behaviour escalated over time from sending sexual messages, to asking her to remove her clothes, to touching her first over and then under clothing, leading to oral and digital penetration, causing her to masturbate him, and eventually rape."
Mrs Justice Stacey added: "The Judge had regard to the totality principle by treating the rape offence as the lead offence and imposing no separate penalty for any of the other offences.
OTHER NEWS
'It is not reasonably arguable that the final sentence of a determinate sentence of 13 years for all of the offending is manifestly excessive. It fell squarely within the guidelines in recognition of the seriousness of the offences, the applicant's culpability and the harm caused by the offending."
The Crown also refused to grant Sidwell's request for an extra 54 days to lodge his oral renewal application against sentence; an order for prosecution disclosure; and leave to admit fresh evidence.
"Since there is no merit in the proposed appeal against sentence it is not in the interests of justice."
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Daily Mirror
a day ago
- Daily Mirror
EastEnders' Joel Marshall to 'target' Stacey yet again - but Vicki's finally had enough
EastEnders spoilers have revealed there's more to come for teen Joel Marshall next week, as he's set to 'target' Stacey yet again - but it looks like Vicki's finally had enough Joel Marshall shocked EastEnders fans during Thursday night's episode when he issued his darkest threat yet to his stepmother, Vicki Fowler. After learning that Avani had a termination, Joel stormed over to her on the Square, throwing vile insults such as accusing the teen of being a "murderer". In shock scenes, Joel raised his hands towards Avani, but his stepmother, Vicki, was there to catch his hands and stop him. After telling Avani to go home, Vicki and Joel got into a tense interaction back home, leading to Joel telling Vicki that "a proper slapping would do you the world of good". It comes after an EastEnders legend was rushed to hospital after a deadly attack by a familiar face. The moment came just days after the teen had gotten away with releasing Stacey's SecretCam footage online. Stacey suspected Joel straight away - storming over to confront him and Ross. However, Joel denied the accusations to Ross, who shockingly believed him. Ross and Vicki then told Stacey and Jean that they'd be taking no further action - leading to an argument in the Square. Stacey reported Joel to the police but was left raging when they said they were taking no further action. The SecretCam footage spread like wildfire, with Stacey's daughter Lily deciding not to return home because of it. Now, new spoilers for next week reveal that Joel is set to deliberately goad Stacey, but once again, Vicki is there to catch him. She warns him that she won't stand for any more of his behaviour - but will her warnings finally work? Elsewhere next week, it looks like the Panesar/Gulati family drama has brought Priya and Ravi closer, as an argument takes an unexpected turn. It all starts when Ravi promises to take Priya and the kids shopping, but gets waylaid when Okie reports that the police have raided their base. Priya later confronts Ravi about letting Avani down, but things later turn passionate between the pair. Things escalate even further when Ravi promises Priya that he'll find a way to get back on his feet, and they agree to give their relationship another go. EastEnders airs Mondays to Thursdays at 7:30pm on BBC One and BBC iPlayer.
Glasgow Times
a day ago
- Glasgow Times
Glasgow funeral director stole £5k from firm
Steven Milne's father wrote to Sheriff Gerard Bonnar who found him guilty of stealing from McLean's Funeral Directors in Glasgow's Dennistoun on June 26 2022. The 43-year-old callous thief was caught after the money bag used to keep the cash was found inside Milne's car. The company's CCTV in the office was also found to be tampered with when Milne was in the building. Milne was convicted last month at Glasgow Sheriff Court to a single charge of theft of a quantity of money. Sheriff Bonnar told this week's sentencing that he received "correspondence" from Mr Milne's father in the interim period which mentioned "reconsidering" the conviction. Graham Bryson, defending, asked the sheriff to take the letter as a positive "reference" in regard to the sentencing process. The sheriff told Milne: "We are dealing with a matter after conviction and it's not for me to look at that again. "I am a professional sheriff who assesses the evidence and reaches a conclusion. "There was corroborated evidence, in particular the CCTV presented to me and the bag recovered from the vehicle at the time. "I was convinced of the compelling Crown case. "You gave into temptation and took this money which is most unfortunate and is a serious crime which does meet the threshold for custody but I will look to the most appropriate alternative." Milne was ordered to do 180 hours of unpaid work. The court previously heard that the money in question had been put in a bag on a desk by one of the firm's workers. Milne later attended the office which was picked up on CCTV. Prosecutor Redmond Harris said in his closing submissions: "The camera is covered. "I ask you to see that Milne carried on with the crime and that you can conclude this was done in a clandestine manner. He then left." Milne also left a letter behind which stated that he was "unhappy" about not being paid. The money was never found and the matter was reported to the police. Mr Harris went on: "The bank bag was found in Milne's car." READ NEXT: Special defence lodged for man who sent threatening e-mails to Susan Aitken READ NEXT:'Slice you and get you': Pair targeted man for Apple AirPods in city midnight attack Milne told the court in his evidence that the bag was in his car but that there was no money found in the motor. It was revealed that Milne has previous road traffic convictions. Mr Bryson, told the sentencing that his client, of the city's Summerston, continues to profess his innocence. He added: "This firm had a history of stealing which was not related to Mr Milne as he was not working for them at the time."
Leader Live
a day ago
- Leader Live
Hit-and-run driver locked up for 13 years over death of baby
Renju Joseph, 31, was struck by a car driven at high speed by Ashir Shahid, 20, as she walked on a zebra crossing in the village of Bamber Bridge, near Preston, Lancashire. The Toyota Prius was estimated to be travelling at between 58mph and 71mph at the time, in dark, wet conditions, in a 30mph zone, Preston Crown Court heard. Mrs Joseph was taken to hospital from the scene in Station Road in the early evening of September 29, and an emergency C-section was carried out in an attempt to save the life of her son, Olive. She was walking slightly behind two female colleagues on the crossing at about 7.50pm as they headed to work a night shift at a local care home. A motorist travelling in the opposite direction said the Prius driver seemed to increase speed about 15 metres away from the crossing and then swerved from the two pedestrians in front. The pregnant woman was hit and 'thrown into the air for quite some distance' before she tumbled and rolled into his car, said the witness. Prosecutors said the driving of Shahid before the collision also 'left a lot to be desired'. Video clips recovered from his mobile phone and that of his front seat passenger, younger brother Sam Shahid, 17, showed them laughing and singing to music as the car is driven erratically and at speed. Sam Shahid was also seen to put his feet and upper body out of the window while the driver removes both hands from the wheel at times and makes gun gestures. Minutes after the collision the Toyota was abandoned in a side street and covered with a sheet by the defendants, before others moved the vehicle on to the back of flatbed truck and dumped it in Farnworth, Greater Manchester. Ashir Shahid was arrested days later and made no comment when interviewed, but when his phone was examined it revealed that on the night of the collision he made an online search for 'charge for hit and run human'. A video clip on his Snapchat account also showed him singing along to the Shaggy song It Wasn't Me and laughing. Voice note recordings were also discovered of Sam Shahid rapping: 'Ran that bitch over, baby got packed. She still not woke up, she still asleep.' Ashir Shahid, of Windsor Road, Walton le Dale, Preston, pleaded guilty in June to causing death and serious injury by dangerous driving. On Friday, he was also banned from driving for 15 years and one month, and must pass an extended retest. Sam Shahid, also of Windsor Road, was detained for three years after he pleaded guilty to assisting an offender. Sentencing, Judge Ian Unsworth KC said Ashir Shahid's acceleration in the moments before the crash was 'akin to what you may see on a Formula 1 race track'. He said: 'Your driving was nothing less than appalling. You engaged in a prolonged and persistent course of dangerous driving. 'Your speed was significantly in excess of the speed limit and was highly inappropriate for the prevailing road conditions. 'Olive's life lasted five hours and 38 minutes. He did not live to see dawn. His mother never saw him alive. 'His life was snubbed out before it really began.' Mrs Joseph spent a fortnight in a coma before she learned of the death of her son, the court heard. She and her nurse husband, Nyjil Jonn, had planned a gender reveal party at a baby shower for family and friends on October 2. One of her last memories before the collision was buying a dress to wear for the occasion, she said in a victim personal statement read out to the court. Mrs Joseph said: 'Everything has been ruined by that one night and the callous and reckless actions of those two people in that car. My life will never by the same again. 'I will never get to meet my baby, be a mummy to him or watch him grow up. They have taken my first child away from me and I will never get him back.' Mr Joseph said it was 'incomprehensible' to see their son placed on the lap of his unconscious wife as she fought for her life. He said he was scared for the future of the couple, both originally from India, and the possible long-term impact on his wife. Mrs Joseph suffered life-changing injuries including a bleed to the brain, a cracked spinal cord and fractures to her pelvis, ribs and leg. She has had to learn to walk again but struggles to stand for long periods of time, the court heard. Jonathan Duffy, defending Ashir Shahid, who has no previous convictions, said: 'Of course he knew that he had struck a pedestrian but didn't know at the time how seriously injured Mrs Joseph was. 'He deeply regrets his behaviour immediately after the offence, All he can say is that he panicked and was in shock.' Shahid had expressed feelings of shame, guilt and remorse in a letter to the court, he said. Fellow defence barrister Jennifer Devans-Tamakloe, said Sam Shahid explained to her that rapping about something as serious as these events 'makes it easier for him to cope with, as odd as that sounds'. She said: 'While Sam clearly has difficulties of his own, he has ambitions. He says he wants to join the Army.' Sam Shahid had six prior convictions for 13 offences including burglary and vehicle theft, the court was told. Judge Unsworth told the defendants: 'You seemingly have no moral compass. Throughout these proceedings you have sat with your heads down as if in shame. You have no shame.' He noted how they both 'disappeared into the night like cowards' following the collision and then shortly after acted with 'breathtaking coolness' as they began a cover-up operation. He told them they had 'not shown a care in the world for anyone and anything around you' as they careered through residential streets at dangerously high speeds. Judge Unsworth said: 'Your arrogant, selfish and shameless actions put multiple people at risk including yourselves. 'Neither of you have a shred of remorse for your involvement that evening.' He told Sam Shahid: 'You sang utterly vile rap songs in which you glorified the events of that evening and speak in utterly despicable ways of Renju and her dead son Olive. It defies belief. 'You have an ingrained criminality and are someone who at the age of 17 seems to revel in and take pleasure from it.' Following sentence, the Josephs' lawyer, Cathy Leach – of JMW Solicitors, said: 'The enormity of the tragic effects of the accident and the injuries sustained, are something Renju and Nyjil will live with daily. 'Their lives will never be the same. They wish to retain their privacy but have specifically asked us, as their lawyers, to pass on their thanks be passed on to the many people who have been magnificent in their response to the tragedy. 'They specially want to mention the other road users and people who were witnesses to the terrible accident who took the trouble gave evidence to the police and the court.' Det Chief Insp Andy Fallows, of Lancashire Constabulary's major investigation team, said: 'My thoughts first and foremost today are with Renju and family. They have been through the most appalling ordeal and my heart goes out to them. 'They have shown the most incredible dignity and courage since this tragic collision and throughout these proceedings. 'In contrast Ashir Shahid and his co-defendant have shown nothing but arrogance and a lack of remorse for what they have done.'
