Soldier has appeal against rape sentence dismissed

A soldier who was serving at the Royal Artillery Barracks in Salisbury has had his appeal against sentence for attempted rape and sexual assault of two women dismissed at the Court of Appeal earlier today.

The court was told that between 3-4am on October 25^th 2019 Soldier Tevita Raseru Logavatu, 21, had crept through an open window into the residence of a female who was asleep. 

We were told he proceeded to sexually assault the woman which progressed to an attempted rape.  He did this whilst making a series of disgusting remarks including that he “wasn’t going until he got what he wanted”.

The struggle continued into an adjacent bedroom where another woman was asleep.  Mr Logavatu is said to have sexually assaulted her before offering both of them £1,000 to remain quiet. 

The suspect was identified after his name was spotted on the back of his hoodie as he fled the scene.  He was arrested later that same day.

Having pleaded guilty to all charges Mr Logavatu was sentenced to the following terms of imprisonment at a Court Martial hearing in August 2020:

C1 – Assault by Penetration – 4yrs + discharge from service
C2 – Attempted Rape – 5yrs (consecutive)
C3 – Sexual Assault – 1yr (consecutive)
C4 – Breach of Military Standing Orders – No Separate Penalty
Total Sentence: 10 Years

The single ground of appeal, advanced on behalf of the appellant by Ms Alejandra Tascon of Counsel, was that the total sentence passed was “manifestly excessive”.  She explained that as the offending captured by counts 1 & 2 were “a continuing act against a single complainant” this engaged the principle of totality.  CPS guidelines states that this ‘requires the Court, when sentencing an offender for more than one offence, to impose a total sentence which reflects the overall criminality‘.  It was her submission that the sentences for C1 & C2 should run concurrently rather than consecutively.

Captain James Farrant, appearing for the respondent, explained that the principle of totality had been considered by the lower court. This resulted in a reduction of the sentence passed on count 3 by some 66% compared to the sentencing guidelines.  The total 10-year-sentence passed was “just and proportionate” and appropriate to the seriousness of the offending he said.

In handing down the courts judgment Lord Justice Haddon-Cave (sitting with Mr Justice Bryan and Mr Justice Choudhury) agreed with Captain Farrant. 

The Judge considered “the very frightening circumstances” which aggravated the offending saying that Mr Logavatu had gone “uninvited into their rooms at night effectively attacking them in their beds”.

In consideration of the reduction of count 3 Haddon-Cave LJ said the court was “entirely satisfied that this was an appropriate approach which the board were entitled to take”.  Given the “persistent nature” of the offending the court had “no doubt” that “10 years is fully justified in this case – Appeal Dismissed”.

---

Court of Appeal (Criminal Division)
Court 7 – Royal Courts of Justice
10:30am 23rd September 2021
Before:
Lord Justice Haddon-Cave, Mr Justice Bryan and Mr Justice Choudhury     
In the Court Martial Appeal Court    
Case: 202002468 B3 Tevita Raseru Logavatu