The appellant committed the first rape in August 2020 after the victim, who was a middle-aged woman, was intoxicated at the time of the incident. The appellant followed the victim and raped her where two witnesses then found the victim lying on the ground along with the appellant who had his penis in her mouth. 

In 2021 the appellant was then further found guilty with a co-accused of raping an 18-year old woman. At this point the appellant was on bail for the first offence. It was found that the co-accused received a sentence of five years and six months’ imprisonment, reduced from six years. 

Lord Pentland referred to the Ibbotson case however it was concluded that the Ibbosten case did not have material in order to support the appeal for the appellant. As a result of this the appellant lost the challenge to a cumulo sentence of 10 years’ imprisonment. 

Although Dorel Simon argued that the cumulo sentence was excessive, regardless of the seriousness of the crime. This was down to the fact the co-accused on the second offence committed had received a five year and 6 month’s imprisonment