A suspended sentence of two years’ imprisonment was increased by lifting the suspended element and imposing an immediate two-year custodial sentence, for an offender who had pleaded guilty to ten counts of historic sexual abuse. The court noted that this was an exceptional case, in which the offender had volunteered the fact of a second […]
There was no need for the Sexual Offences Act 2003 to contain express wording to enable a person who was subject to a sexual offences prevention order to be required to wear an electronic monitoring device or tag when he was away from his residence. The interference with the person’s rights under the ECHR art.8 […]
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) […]
An error on an indictment in respect of the date of the Act under which a charge of rape had been made was a procedural error that caused no prejudice and did not render the indictment or the trial a nullity, as the offender had been aware of the case he had to meet and […]
Convictions on charges of rape and living on prostitution brought under the Sexual Offences Act 2003 were quashed where the indictment had alleged that the offences had occurred between dates straddling the entry into force of the Act, and there was no evidence to show under which statutory regime the offences had fallen.
The test for recommending the deportation of an offender, which was whether his continued presence was to the detriment of the country or community, was met in the case of a brothel keeper whose commercial enterprise encouraged the influx of illegal immigrants and thrived on the use of them, extracting substantial profit for those who […]
A sentence of 20 years’ imprisonment for 13 counts of sexual offences involving young children, including rape, was not manifestly excessive as although R. v Millberry (William Christopher) [2002] EWCA Crim 2891, [2003] 1 W.L.R. 546 indicated that the appropriate starting point for a campaign of rape was 15 years, that was a starting point […]
Where a judge had given a direction to the jury that it was not to convict the defendant only on the basis of his similar previous conviction and, looking at the matter overall, the judge had properly admitted evidence of the previous conviction under the Criminal Justice Act 2003 s.101(1)(g).
Whilst battery with intent to commit a sexual offence was one of several new offences contained in the Sexual Offences Act 2003 , conduct giving rise to those new offences was not new and authorities decided before the Act continued to provide guidance for sentencers.
