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The Independent UK
The Independent UK
National
Claire Hayhurst

Judges dismiss bid to increase sentence of burglar who raped mother and daughter

PA Media

Court of Appeal judges have dismissed a bid to increase the sentence of a burglar who raped a mother and her 14-year-old daughter in their home.

Joshua Carney, 28, forced his way into the Cardiff house and carried out the random attack at about 6.45am on March 1.

The career burglar had only been released from prison five days earlier after serving half of an eight-year sentence for breaking into six homes around the Welsh capital.

He later pleaded guilty to six counts of rape, two counts of assault occasioning actual bodily harm, one count of committing an offence with intent to commit a sexual offence, one count of attempted rape, two counts of assault by penetration and one count of theft.

This was a difficult sentencing exercise which the judge carried out with great care. We regard her approach as impeccable and we pay tribute to the clarity with which she explained the course she took
— Lord Justice Holroyde

At Cardiff Crown Court in August, Tracey Lloyd-Clarke, the Recorder of Cardiff, sentenced Carney to life imprisonment and ordered him to serve a minimum of 10 years in prison.

The Solicitor General referred the sentence to the Court of Appeal, saying it appeared to be “unduly lenient”.

At the Court of Appeal in Cardiff on Wednesday, three appeal judges considered the case and ruled the sentence was not unduly lenient.

Lord Justice Holroyde, vice president of the Court of Appeal criminal division, said: “This was a difficult sentencing exercise which the judge carried out with great care.

“We regard her approach as impeccable and we pay tribute to the clarity with which she explained the course she took.

“The sentences remain as before.”

We would wish to reiterate, if the victims or their family are still attending remotely and able to hear, that the victims must not in any way blame themselves for anything which happened
— Lord Justice Holroyde

The mother was getting ready for work and her daughter was asleep when Carney approached their home, trying the door and letter box, the court was told.

She stepped into the street to see Carney, dishevelled and barefoot, hiding around the side of her house.

He forced his way into the home and locked himself inside, punching the woman repeatedly in the face before raping her.

The daughter called police after hearing her mother being attacked, believing she had been stabbed.

Carney then forced his way into the girl’s room, where he raped the mother before raping and violently sexually assaulting the girl.

He was arrested by police as he tried to flee through a back gate.

Carney initially claimed he was high on spice and had no memory of the incident but later admitted 13 offences.

Both mother and daughter are wracked with guilt at being unable to prevent the attack on the other, Cardiff Crown Court was told.

Lord Justice Holroyde said Carney’s actions had a “very severe impact on both victims which would last a lifetime”.

“We would wish to reiterate, if the victims or their family are still attending remotely and able to hear, that the victims must not in any way blame themselves for anything which happened,” the judge added.

“Feelings of guilt in these dreadful circumstances are understandable but they are without foundation.

“They each behaved as anyone would in those very frightening circumstances.”

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