Cambridge: Deported sex offender free despite sentence increase

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Peterborough Crown CourtImage source, PA Media
Image caption,

Baftjar Bilalaj was jailed at Peterborough Crown Court in November

A man who tried to rape a student has had his jail term increased but is living free in Albania.

Baftjar Bilalaj, 25, attacked the woman as she returned to her Cambridge University college in October 2021.

His jail sentence of three years and four months was challenged by the solicitor general, who was unaware Bilalaj had been deported in January.

Court of Appeal judges increased the term to seven years, but acknowledged it may be an "empty gesture".

Paul Jarvis, representing the solicitor general, told the court the victim's family "are, to put it mildly, unhappy that the situation has developed in the way that it has".

At Peterborough Crown Court in November, Bilalaj was jailed after being convicted of attempted rape and sexual assault.

Solicitor General Michael Tomlinson later argued his term of imprisonment was unduly lenient and sought to have it increased.

But Bilalaj had been voluntarily deported under an early release scheme, which meant he was no longer in custody in Albania.

Lady Justice Macur, who considered the case with Mr Justice Fraser and Mr Justice Cavanagh, said the original judge "failed to have sufficient regard to the aggravating features" in the case - including the victim being young, alone, and "obviously intoxicated".

'Frequent nightmares'

Mr Jarvis said that the Attorney General's Office (AGO) first became aware of Bilalaj's deportation when the Court of Appeal had difficulties locating him.

He said it needed to be explored with the Home Office and authorities in Albania "whether increasing his sentence would have any impact upon his status in that country", adding: "The truthful answer is we just do not know."

In written submissions the AGO said following the attack the victim was left having "frequent nightmares" and had "lost trust in other people".

Tasmin Malcolm, representing Bilalaj, argued his sentence was not unduly lenient, adding that Bilalaj was "at liberty" in Albania, but that he was "not unlawfully at large".

Lady Justice Macur told the court that Bilalaj's situation was "hardly an attractive state of affairs" and that "nobody at the Home Office consulted with anybody at the Ministry of Justice".

A government spokesperson said: "We know the issues with today's hearing have been upsetting for the family of Baftjar Bilalaj's victim and we are examining how information is shared between departments to prevent this from happening again.

"The case proceeded in Mr Bilalaj's absence to allow the court to consider an important point of law and enabled it to mark the true seriousness of his appalling crime.

"We apologise this was not the outcome the victim's family were hoping for."

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