Call for change in law after refusal to increase sentence of Sam Pybus who choked woman to death during sex

Campaigners have called for an overhaul of the law after a bid to increase the sentence of a man jailed for less than five years after choking his lover to death during sex was refused.

Sam Pybus had been jailed for four years and eight months after he admitted the manslaughter of 33-year-old mum-of-two Sophie Moss after he applied “prolonged” pressure to her neck at her home in Darlington in the early hours of February 7.

Pybus woke up and found Ms Moss, who was described as “vulnerable”, naked and unresponsive but did not dial 999, waiting in his car for 15 minutes before driving to a police station to raise the alarm.

The 32-year-old was to tell police that his some-time lover would encourage him to strangle her during sex, Teesside Crown Court heard.

At a glance: 5 key points

• Sam Pybus was jailed for four years and eight months for the manslaughter of Sophie Moss after he choked her during sex
• The sentence caused outrage among campaigners who felt it was too lenient
• Labour MP Harriet Harman wrote to the Attorney General asking for the case to be referred to Court of Appeal
• On Friday (12 November) Court of Appeal refused to increase the sentence
• Campaign groups have now called for an overhaul of the law

What happened at the hearing?

The Attorney General attended Friday’s hearing at the Court of Appeal to argue that the sentence was too low.

The original sentencing judge had accepted Pybus did not intend to kill Ms Moss and his remorse was genuine, giving him a sentence of four years and eight months in prison.

The Centre for Women’s Justice and the campaign group We Can’t Consent to This had applied for permission to intervene in the case “to ensure the court has information on the latest understanding of the harms of strangulation, and the prevalence and understanding of strangulation within the context of domestic abuse”.

At the Court of Appeal, three judges rejected a bid by Attorney General Suella Braverman QC to increase Pybus’s sentence.

The Attorney General told the Court of Appeal that the mother-of-two could not consent to any act after she became unconscious, and that the risk should have been “obvious” to Pybus.

The Attorney General said: “Sophie Moss could not, and did not, consent to being strangled beyond the point of unconsciousness.”

She argued that any consent Ms Moss gave was “limited” to the restriction of her breathing to increase her pleasure during sex.

“Indeed, once unconscious, she was no longer capable of consenting to anything at all,” Ms Braverman said.

She continued: “In order for Sophie Moss to have died at the hands of the offender, it was necessary for him to strangle her to the point of unconsciousness and beyond.

“To compress her neck for long enough that injury was caused and to leave her in a state in which she was unable to do or say anything to prevent further harm from coming to her.”

Sam Green QC, for Pybus, said there was no evidence about how long he had strangled Ms Moss, calling the Attorney General’s argument “speculation”.

He said: “There must have been some point between unconsciousness and death. What we don’t know, on the evidence, was whether the manual pressure to the neck continued after unconsciousness.

“We don’t know if it even occurred up to the point of unconsciousness, we don’t know when unconsciousness occurred.”

Lady Justice Macur, sitting with Lady Justice Carr and Mr Justice Murray, said “Bearing all the circumstances of this case in mind, we are not persuaded that the judge was wrong in categorisation, was wrong in the uplift he applied… or was wrong in the element of discount that he gave for mitigation and then for his plea of guilty.”

What has been said about the outcome?

Fiona Mackenzie from We Can’t Consent to This said the case showed that the law needs to change and called on parliament to look at the issue. She said: “The AG (Attorney General) was right to try to argue that there was an obviously seriously harmful or fatal outcome to the strangulation. It would be ‘obvious to any reasonable person’ that she was unconscious, and that this would be followed by death.

“This was a desperately serious and sustained assault, of a vulnerable woman, by an intimate partner.“We were horrified to see the court accept Pybus’ claim that Sophie had consented, and was a willing participant, in what Lady Macur called a ‘risky sexual practice’, despite this never being tested in court, and despite this being strongly refuted by Sophie’s former long-term partner and by Sam Pybus’ ex-wife.

“We attempted with CWJ to intervene in the appeal – providing evidence that strangulation is a core part of domestic and sexual abuse, and that claims of ‘consent’ to strangulation were too easily being accepted by courts in giving lighter sentences and lesser charges.

“This was rejected by Lady Macur who agreed with Pybus’ defence team that Sophie’s strangulation was consensual and so our evidence did not apply. This could not be clearer case to show that the law (what it says and how it works) must change. Sophie Moss deserves better, and parliament must return to this.”

Harriet Wistrich director of the Centre for Women’s Justice added: “Unfortunately the AG was bound to accept the case as presented by the prosecutor in the lower court and in particular that Sophie Moss “enjoyed asphyxiation”. This is a form of victim blaming, suggesting that she was partly culpable for her own death.

“Even if she had consented to being strangled on previous occasions, it is pure speculation to suggest she had consented on this occasion.

“We believe in addition to reviewing the law, there needs to be a change in approach to the prosecution of such cases so that a proper review of surrounding all evidence is taken into account before conceding the Defendant’s account.

“This case also demonstrates a complete lack of understanding of the nature of domestic abuse and of violent male offending.”

Meanwhile, Labour MP Harriet Harman said a sex murder law was needed with a mandatory life sentence.

She said on Twitter: “Right for @attorneygeneral to refer this sentence to Court of Appeal as Unduly Lenient & to make the case herself in person. But as CA sticking with backing for “rough sex” defence to let men escape justice, only path now is new Sex Murder law w mandatory life sentence.”

What has the ex-wife of Sam Pybus said?

Sam Pybus’s ex-wife Louise Hewitt said after the appeal hearing which failed to increase his sentence for the manslaughter of his lover Sophie Moss: “It is extremely disappointing.

“It doesn’t reflect the lifetime of grief that he has inflicted on Sophie’s family, especially her two sons who have to grow up with that narrative about their mum.

“It sends out a really clear message to men and women that the rough sex defence is valid and works, even though the Domestic Abuse Act was supposed to abolish it.

“I think it was a very lenient sentence and it places the responsibility on Sophie, which to me is victim blaming and that should not be allowed to happen.”

What has the Attorney General said about the outcome?

The case was referred to the Attorney General under the Unduly Lenient Sentence scheme (ULS) Members of the public can ask the Attorney General’s office to examine sentences handed down by Crown Courts in England and Wales within 28 days of sentencing under the scheme.

After the hearing the Attorney General said she was “disappointed” but “respected” the outcome.

“I referred the offender’s sentence to the Court of Appeal because I considered it to be too low. This was a truly disturbing case, and I still believe it was right to test the sentence.

“But I respect the court’s judgment. My thoughts remain with Sophie Moss’ friends and family at this difficult time.”

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