How did the judge come to his decision on Russell Brand's prison sentence?

Disgraced comedian Russell Brand was sentenced to 10 years and six months in jail on Monday.

Brand, 51, was handed the sentence by Mr Justice Bennathan after being found guilty of one charge of rape and three charges of sexual assault last week.

Speaking at Southwark Crown Court, the judge slammed Brand’s “staggering arrogance”, and labelled him “a sexual predator”.

He added: “Whatever women wear, wherever they go, whatever they drink, they retain the right to say no and demand justice in the criminal courts when sexual predators like you, Mr Brand, act without their consent.”

Russell Brand (Yui Mok/PA)

PA Wire

But how did the judge come to his decision?

What was the sentence for each charge?

Mr Justice Bennathan sentenced Russell Brand to nine years for one count of rape, which will be served consecutively to the sexual assault sentences.

The sentences for the sexual assault charges will be served concurrently - which means all at the same time.

This includes nine months for sexually assaulting a woman whose breasts he grabbed in a Soho bar in 2004.

Laura Gallacher (C), the wife of British comedian and actor Russell Brand is helped into a car after the sentencing of her husband

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It also included 18 months for sexually assaulting a woman at the Choice FM studios in 2005, and eight months for sexually assaulting a woman while working on a Channel 4 project in 2009.

This means the total sentence is one of 10 years and six months.

Was there any mitigation?

The judge added two years to his starting point for the rape sentence after noting that Brand had forced the victim to “clean” the sheets after the incident.

He noted the instruction was an “additional humiliation”, adding that removing the condom without her consent and ejaculating into her were further aggravating factors.

Those actions meant the sentence was raised by two years.

Mr Justice Bennathan reduced the sentence by a year due to mitigating factors - including that Brand had no significant previous convictions, bar a 1995 conviction for cannabis possession.

Mr Justice Bennathan

PA

The judge said “good character” should not normally be given any “significant weight” and would not normally justify a reduction.

However, he made an exception in this case, reducing the rape sentence from 10 years to nine.

He said that other factors in mitigation for Brand included the fact that “17 years had passed” since his final offence, and the manner in which Brand had lived his life subsequently including helping those “wrestling with addictions”.

The judge told Brand that “imprisonment will deprive your children of the presence of their father, that sad loss to them however is caused by your serious offending.”

How long will Brand spend in jail?

Russell Brand will likely serve around two-thirds of his sentence in custody.

The sentencing guidelines suggest that offenders jailed for four years or more for serious, violent, or sexual offences will be released at the two-third mark.

Once released, he will spend the rest of his sentence on licence. He will also be on the sex offenders’ register for life.

Court artist drawing by Elizabeth Cook of Russell Brand speaking to his wife Laura Gallacher

PA

What have the experts said?

Commenting on the sentence, Marcus Johnstone, Managing Director of PCD Solicitors, said: “I was predicting that Mr Brand would be looking at around 9 years in prison, so his overall sentence is slightly higher than I was expecting.

“Interestingly, however, it is slightly less than the average sentence for rape last year of 10 years and 7 months despite incorporating the months Brand must serve for the sexual assault offences too. The sentence given reflects only minor mitigating factors.”