A former Sark resident has been given permission to challenge a prison sentence he received earlier this year for multiple child sexual offences.
Benjamin Solowan was found to have indecent images of children and evidence of him attempting to meet individuals he believed were minors, following a pan-island investigation.
The 40-year-old was sentenced for 12 counts of sexual offences, including ‘intended sexual activity rape of a child under 13’, in June this year.
He was given a 12-year prison sentence for 12 counts of sexual offences involving children.
This included arranging the ‘commission of a child sex offence’ – which relates to him booking flights to meet an individual he had been talking to online who had claimed to be a 14-year-old girl.
Solowan was “granted leave to appeal” by the Bailiff, meaning he has formal permission to challenge his 12-year prison sentence.
The convicted sex offender was granted leave to appeal his 12-year prison sentence because the court agreed there was a legitimate argument that his sentence of 10 years for the first six counts he faced was “excessive”.
The decision was made by the Bailiff, Sir Richard McMahon, and according to legal resources, that decision was based on Solowan’s defence advocate arguing that a discount for a guilty plea was not given, and a discrepancy between the individual sentences given.
Advocate Fattorini had questioned why the discount from the starting sentence of 12 years was only two years, and stated that the reduction seemed low when compared to the one-third discount Solowan received for other counts relating to indecent images, as well as to other similar legal cases.
Sir Richard responded: ”In the absence of an explanation in the sentencing remarks as to why a lower discount for the combined mitigation of just one-sixth was applied to Counts 1 to 6, I am persuaded that I should grant leave to appeal the sentences of 10 years’ imprisonment imposed on the Applicant in respect of those Counts, principally on the basis of what is set out in ground 1(b).”
Solowan was granted leave to appeal earlier this month. It’s yet to be announced when his hearing will take place.
Solowan’s current prison sentence runs until 16 December 2036. He will be released on licence once he has served his prison sentence.