A sentence of detention for public protection with a minimum term of two years imposed for attempted rape was manifestly excessive as the offender was only 16, was of previous good character and had pleaded guilty at the earliest point. The sentence was replaced with one of three years’ detention.
AGE ATTEMPTED ANAL RAPE OF 11-YEAR-OLD BOY ATTEMPTS CRIMINAL JUSTICE ACT 2003 s.226(3A) DANGEROUSNESS RAPE s.226 s.226(2) s.226(3) s.228 s.229 s.229(1)(b) SENTENCE LENGTH SENTENCING SEXUAL OFFENCES YOUNG OFFENDERS
Although a sentence of four years’ detention in a young offender institution imposed for sexual assault of a child under 13 and of causing or inciting a child under 13 to engage in sexual activity was severe, it was not manifestly excessive.
AGE CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILD SEXUAL ABUSE CRIMINAL LAW SENTENCING SEXUAL ACTIVITY WITH CHILD FAMILY MEMBERS SEXUAL ASSAULT SEXUAL OFFENCES
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.
AGE AVAILABILITY OF DEFENCE OF HONEST BELIEF BELIEF AS TO AGE OF COMPLAINANT BUGGERY CRIMINAL LAW CRIMINAL LIABILITY DEFENCES HONEST BELIEF HONEST BELIEF VICTIM OVER 16 YEARS OLD IMPOSITION OF STRICT LIABILITY INTENTION OF PARLIAMENT MENS REA MENTAL ELEMENT s.1 s.10 S.12 SEXUAL OFFENCES ACT 1956 s.14 s.14(1) s.14(2) s.14(4) S.143(1) CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994 S.3 SEXUAL OFFENCES ACT 1967 s.5 S.5 SEXUAL OFFENCES ACT 1956 s.6 S.6 SEXUAL OFFENCES ACT 1956 s.6(3) s.7 SEXUAL OFFENCES SEXUAL OFFENCES (AMENDMENT) ACT 2000 SEXUAL OFFENCES ACT 1956 s.12 SEXUAL OFFENCES ACT 1967
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