An extended sentence, which included a 15 month custodial element, was not manifestly excessive for two offences of sexual activity with a girl in relation to whom a defendant was in a position of trust contrary to s.3 Sexual Offences (Amendment) Act 2000.Appeal, with leave of the single judge, against an extended sentence consisting of 15 months in custody and an extended period on licence of two years' nine months, for two offences of sexual activity with a girl in relation to whom the defendant ('D') was in a position of trust contrary to s.3 Sexual Offences (Amendment) Act 2000. D pleaded guilty on 12 May 2003 and was sentenced on 7 July at Coventry Crown Court by HH Judge Hodson. D was employed as a teacher teaching 16-17 year olds. In March 2003 he was suspended after allegations of an improper relationship. Following an investigation a 16 year old girl admitted that she had had a relationship with D, there had been sexual activity, falling short of full sexual intercourse, but it had been with her full consent. In May, D was arrested and made full and frank admissions, he further admitted a single act of sexual intercourse with another 16 year old girl, which had also been fully consensual. When sentencing the judge stated that D had taken advantage of the girls' vulnerability, gained a level of trust and then abused them. Whilst the girls had consented the purpose of the legislation was to protect young girls from possible infatuations. D appealed sentence as manifestly excessive given that: (i) there was a maximum sentence of two years for an offence of unlawful sexual intercourse; and (ii) the most serious offence of sexual intercourse was only discovered because of D's confession to police and D had offered guilty pleas at the earliest opportunity.HELD: (1) No useful analogy could be drawn with the maximum sentence of two years for an offence of unlawful sexual intercourse. The present offences were recently created by Parliament and carried a maximum sentence of five years' imprisonment. (2) There was only one authority on offences of this nature, R v Hubbard (2002) 2 CAR(S) 101. That case involved a sentence of two years' imprisonment, upheld on appeal, for a teacher aged 43 who had sex on three occasions with a pupil aged 15 years' old. In the present case the girls were a little older and D was a little younger, however, there were two girls involved not merely one. That was an important factor when considering the totality of the sentence on D. D was entitled to substantial credit for his co-operation with the police, especially in relation to the second offence. (3) It could not be said that the total concurrent sentence of 15 months' imprisonment was excessive when the conduct was considered in totality.Appeal dismissed.

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