Alleged failures in pre-trial investigation procedure did not affect the safety of the convictions of soldiers found guilty of kidnapping, sexual assault, theft and assault occasioning actual bodily harm.
A judge had erred in focusing on the risk an offender posed to the public, rather than the seriousness of the offences, when imposing what was in effect a whole life order for multiple counts of rape and further counts of kidnapping and causing grievous bodily harm with intent. The very high test of exceptionality […]
Where there had been confusion during the jury’s return of verdicts on four counts of an indictment against two co-defendants, and a verdict against a count of kidnap was not formally entered against one defendant, that defendant had not been convicted of kidnap. The court therefore ordered the Crown Court record to be amended accordingly […]
A recorder had erred in varying an order so that the identity of a young offender could be made public; he had given insufficient consideration to the public interest in the effective rehabilitation of the offender.
The imposition of a sentence of imprisonment for public protection with a minimum term of four-and-a-half years following an offender’s conviction for rape and kidnapping could not be faulted, notwithstanding the judge’s failure to set out her reasons for rejecting an extended sentence in her sentencing remarks. An extended sentence had undoubtedly been discussed at […]
A sentence of three-and-a-half years’ imprisonment imposed following an offender’s conviction for kidnapping a 10-year-old child and inciting her to engage in sexual activity was not unduly lenient given the circumstances, which did not fit within the sentencing guidelines and included a relatively short duration kidnap and the fact that no sexual activity had taken […]
Sentences of nine and six years’ detention for two young offenders convicted of rape and, in one case, grievous bodily harm were unduly lenient where the female victim, who was just 16, had been subjected to a group sex attack and had caustic soda thrown over her. The sentences were increased to 14 and 9 […]
