A criminal defense expert has explained how much shorter Russell Brand’s prison sentence could have been if he had pleaded guilty.
Brand, 51, was sentenced to 10 years and six months in prison on Monday, November 9, after a jury at Southwark Crown Court found him guilty of one count of rape and three counts of sexual assault, NBC News reports. He pleaded not guilty to all of the charges and has denied them, saying he never had non-consensual sex, according to NPR.
What was Brand’s sentence?
Judge Joel Bennathan gave Brand nine years for the rape and shorter terms for the sexual assaults, including 18 months, nine months, and eight months, Variety reports. The judge said Brand must serve two-thirds of the sentence in prison before he can be released on licence.
The jury found Brand not guilty on two other counts of rape and one of attempted indecent assault, according to Deadline.
What could a guilty plea have changed?
Marcus Johnstone, a solicitor and managing director of PCD Solicitors, told UNILAD that a plea at the first hearing would have cut the sentence by a third.
“His sentence would have been reduced by one-third had he pleaded guilty at the earliest time (first hearing),” Johnstone said. He added that a change of plea partway through the process would likely have earned a 25% discount, while a plea immediately before trial would usually attract about 10%.
Johnstone said the discount is applied to the sentence imposed. A nine-year sentence would fall to six years, and the two-thirds rule would then apply.
“Brand took his chance at trial,” he said. “To some extent it worked – he was found not guilty of two counts of rape and one indecent assault.”
Johnstone said a guilty plea from the outset would have saved Brand “around two and a half years in prison.”
What was Brand convicted of?
Brand was found guilty of the following offenses, according to NPR and Deadline:
- The 2004 sexual assault of a woman at a birthday party in a Soho bar.
- The sexual assault of a woman at a London radio station in 2004 or 2005.
- The rape of a woman who had met him at one of his shows in 2009.
- The sexual assault of a Channel 4 employee at a TV studio in 2009.
At the sentencing, four of the women who gave evidence gave impact statements. According to NPR, the judge described Brand as “a sexual predator,” and paid tribute to the determination and bravery of the women who came forward.
What did police say?
The Metropolitan Police issued a statement after the sentencing. “The victims have had to revisit deeply traumatic experiences and endure significant public and media attention,” Detective Superintendent Andy Furphy said. “I hope today’s outcome provides some measure of closure and allows them to continue rebuilding their lives.”
He added that the investigation “was never about Russell Brand’s profile, status or celebrity,” and that the focus was on the women who reported the offenses. To anyone who has been a victim of sexual assault, he said, “If you come forward, you will be listened to, supported and treated with care and compassion.”
If you’ve been affected by any of the issues in this article, you can contact the National Sexual Assault Hotline on 800.656.HOPE (4673), available 24/7. You can also chat online at online.rainn.org.
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