An appeal against a sexual offences prevention order was dismissed as the order had not been imposed based on the fact that a specific person had been sexually abused, but on the basis of an earlier conviction, and later behaviour which posed a risk to the public of serious sexual harm.
A discretionary life sentence with a minimum term of four years for offences of false imprisonment, committing an offence with intent to commit a sexual offence and sexual assault was manifestly excessive. Such a sentence was to be reserved for the gravest offences and a sentence of detention for public protection with a three-year minimum […]
A judge was wrong to assess a defendant as posing a significant risk of causing serious harm to the public where the evidence did not support the requirement that the harm would result in death or serious personal injury.
An extended sentence comprising three years’ detention and an extended licence period of two years imposed on the offender in respect of an offence of attempted rape was unduly lenient. A sentence of detention for public protection was substituted.
The court considered and gave guidance on the principles applicable to the new mandatory sentencing provisions for the protection of the public from dangerous offenders contained in Criminal Justice Act 2003 s.224 to s.229 and the factors that judges should take into account when deciding whether one of the new sentences must be imposed.
