Norfolk man jailed for sex attack during rabbit hunt

Malcolm Appleby attacked his 12-year-old victim as she slept in a field in Gaywood, near King's Lynn Academy.

The 39-year-old, who has 36 convictions for more than 100 offences, refused to enter the dock for his trial or sentencing, with the judge saying his absence was "borne of shame".

It comes days after Thomas Cashman refused to go in to court to be sentenced for the murder of Olivia Pratt-Korbel, nine, in Liverpool, sparking a national debate on whether criminals should receive extra punishment for not attending hearings.

Norwich Crown Court heard that for the rabbit shooting trip, Appleby mixed whisky and rum with fizzy juice before giving "loads" to his victim.

Carolyn Gardiner, prosecuting, said they had got into sleeping bags in the field on November 7, 2021, when the girl was sexually assaulted by Appleby as she slept.

The victim told her mother what happened and police were informed. 

But on July 19 last year Appleby approached the victim and told her they would "both get into trouble" if she persisted and told her to tell police "it was a dream".

The prosecutor said there was a "significant degree of planning", as well as the use of alcohol, in the offence.

Appleby, of St Mary's Court, Middleton, was found guilty of sexual assault of a girl under 13 and intimidating a witness, after a trial in his absence earlier this year.

The case was listed for sentence on Wednesday (April 5) when Appleby again refused to attend.

Judge Andrew Shaw ruled that after the "appalling history of the case" and Appleby's "persistent refusals to attend", he was prepared to "sentence him in his absence"

Passing a 13 year sentence, made up of 12 years custody and a year on licence, Judge Shaw said: "I'm quite sure that Malcolm Appleby's deliberate decisions to try and disrupt this trial to absent himself from it are all borne of shame and of the knowledge that he has no defence to it".

The judge said despite Appleby's "protestations of innocence and having an unfair trial" this was a "serious incident of sexual abuse against a vulnerable child".

He said Appleby had carried out the attack in the middle of a field so he could sexually assault the girl with "impunity" as she slept.

Judge Shaw said he was satisfied the victim had "suffered severe psychological harm" as a result of the abuse.

Stephen Spence, mitigating for Appleby, said his "lengthy criminal history" contained "no previous convictions for sexual offending of any sort".

Appleby was also made the subject of an indefinite Sexual Harm Prevention Order (SHPO) and put on the sex offenders register for life. 

Speaking after the sentencing, DC Kellie D’Costa, who thanked the victim for her bravery, said: "We're happy with the sentence today, a sexual predator has been removed from the streets.

"I would encourage all victims of any sexual offences to come forward and to be assured that we are committed to investigating these reports thoroughly and will continue to pursue these matters in the courts.”

Victims of sexual abuse should call 101.