A sentence of five months’ imprisonment which had been imposed on a father following his conviction for sexually assaulting his two-year-old son was unduly lenient. The offence merited a sentence of 18 months’ imprisonment together with the imposition of a sexual offences prevention order.
The terms of a sexual offences prevention order imposed on an offender who had been sentenced for voyeurism, which included an almost blanket ban on using the internet, were changed where its terms did not conform to the guidance given in R. v Smith (Steven) [2011] EWCA Crim 1772 with the result that it was […]
A sentence with a minimum term of nine years and three months’ imprisonment imposed for nine counts of rape was quashed as the minimum term had been wrongly increased by six months to reflect a breach of a suspended sentence imposed for breach of a sexual offences prevention order. The offence for which the suspended […]
A magistrates’ court had erred in ordering a chief constable to pay a respondent’s costs after he had withdrawn his application for a sexual offences prevention order. The chief constable had not acted dishonestly or unreasonably in bringing the application and so the appropriate order was no order as to costs. In contradistinction to a […]
A determinate sentence of two years was appropriate in the case of a 27-year-old man who had pleaded guilty to engaging in sexual activity with a 15-year-old girl.
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 […]
A sentence of imprisonment for public protection, which had been unlawfully imposed following an offender’s guilty pleas to two offences of indecent assault committed before the Criminal Justice Act 2003 Pt 12 s.225 came into force, was quashed and replaced by an extended sentence.
Where a person subject to a sexual offences prevention order had pleaded guilty to an indictment which mistakenly alleged that he had breached a sex offender order contrary to the Crime and Disorder Act 1998 s.2(8), the Court of Appeal found the indictment defective and quashed the conviction. It declined to annul the conviction and […]
An aggregate sentence of 28 months’ imprisonment following a guilty plea to breach of a sexual offences prevention order and making and possessing indecent images of a child, mainly of level 1, was too high. An aggregate sentence of 18 months was appropriate.
A sentence of two years’ immediate imprisonment was quashed and a 36-month community order with a supervision requirement and a Sex Offender Treatment Programme requirement was substituted for four counts of making indecent photographs of a child. According to the sentencing guidelines, where there was sufficient prospect of rehabilitation, a community order with a Sex […]
