Top Rape Defence Barrister

An offender who had been incorrectly convicted of indecent assault instead of gross indecency with a child had his appeal against conviction allowed and his sentence reduced to six years’ imprisonment.

When an offender was sentenced for historic sexual offences, he was not to be sentenced on any count to more than the maximum term available at the time of the offending. That said, sentencing had to reflect modern attitudes, and the court could take account of modern sentencing guidelines.

An individual had been incorrectly convicted of a historic offence of rape against a family member because, at the relevant time, anal penetration did not constitute that offence under the Sexual Offences Act 1956 s.1. It was appropriate to substitute an alternative conviction for indecent assault, as the facts fell within the scope of s.14(1) […]

Magistrates had erred in dismissing the appeal of a convicted sex offender against a decision of a detective, acting on behalf of the chief constable, not to end the offender’s notification requirements.

An Asylum and Immigration Tribunal had made material errors of law in holding that exceptional circumstances were required before deportation could be ordered for a failed asylum seeker who had pleaded guilty to two sexual offences and had been sentenced to a two-year conditional discharge with a recommendation for deportation.

On a charge of buggery with a male under the age of 16 pursuant to the Sexual Offences Act 1956 s.12 , an appellant was entitled to plead in defence that he honestly believed the complainant to be over the age of 16. The s.12 offence was not a strict liability offence.

It was impermissible for the Crown to prosecute a charge of indecent assault under the Sexual Offences Act 1956 s.14(1) in circumstances where the conduct upon which that charge was based was only an act of unlawful sexual intercourse with a girl aged under 16 in respect of which no prosecution could be commenced under […]