A total extended sentence of seven years and six months’ imprisonment for historic offences of attempted buggery, indecency with a child and indecent assault on a man committed by an individual aged 20-25 against his neighbour aged 10-14, whilst lenient, was not unduly so. Although aspects of the judge’s reasoning had been flawed, the offences […]
The court upheld an offender’s convictions for indecent assault and attempting to inflict grievous bodily harm committed against his younger brother when they were both under 18. It could not be said that the manner in which the trial was conducted by the offender’s own counsel was so flawed as to render his conviction unsafe.
Sentences of six years’ imprisonment following a conviction for attempted rape and 30 months’ imprisonment, to be served concurrently, following a conviction for sexual assault, were not unduly lenient where the judge had taken into account totality, but had been motivated by mercy.
The Northern Ireland Court of Appeal reiterated the approach set out in R. v McKeown (Gary) [2013] NICA 28, namely that although assistance might be derived from the aggravating and mitigating features identified by the England and Wales Sentencing Guidelines Council in its definitive guidance, judges and practitioners in Northern Ireland were not constrained by […]
A conviction for attempted rape was quashed following the admission of new DNA evidence taken from clothing worn by the victim at the time of the offence.
An offender’s convictions for historic offences of rape, buggery, attempted rape, indecent assault and murder were deemed safe, as the judge had given the jury adequate directions as to the dangers of delay and its effect on the evidence.
A sentence of detention for public protection with a minimum term of four years imposed on an offender for attempted rape and assault by penetration was unduly lenient and a minimum term of six years was substituted.
A conviction for rape was unsafe and a conviction for sexual assault was substituted, where there was an absence of any evidence or activity capable of justifying the conclusion which pointed to an intent to commit the specific offence of rape. There was ample evidence of an intent to commit a serious sexual assault and […]
A sentence of imprisonment for public protection with a minimum term of two years was appropriate in the case of an adult male who had pleaded guilty to attempting to foster an inappropriate relationship with an 11-year-old girl over internet.
Possible confusion caused by conflicting good and bad character directions to the jury was sufficient to make an appellant’s conviction for attempting to abduct a child unsafe.
