A three-year community order imposed on an offender for multiple offences of inciting a child to engage in sexual activity was replaced with a term of three years’ imprisonment. The manipulative nature, frequency and persistence of the offending, targeting vulnerable victims including two under 13, required an immediate custodial sentence even though the offender had voluntarily sought help for his behaviour.
AGGRAVATING FEATURES CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY COMMUNITY ORDERS CUSTODIAL SENTENCES INDECENT PHOTOGRAPHS OF CHILDREN SENTENCING SEXUAL GROOMING UNDUE LENIENCY
A sentence of four years’ imprisonment was appropriate for an offence of sexual assault where the offender had pretended to be a taxi-driver, targeting lone, drunken females, and where he had prevented his victim from leaving his car before taking her to a dark area to assault her in extremely frightening circumstances. As the force was minimal and there was no attempt to undress his victim or degrade her in any way, a sentence of six years’ imprisonment was too long.
AGGRAVATING FEATURES CRIMINAL JUSTICE ACT 2003 DANGEROUSNESS DRUNKEN FEMALES TARGETED BY PRETEND TAXI-DRIVER LONE MINIMAL FORCE AND NO UNDRESSING OR DEGRADATION INVOLVED SENTENCING SEXUAL ASSAULT TAXIS TOTALITY OF SENTENCE VICTIM TAKEN TO DARK AREA AND PREVENTED FROM LEAVING VEHICLE
The purpose of the legislation making it a crime punishable with imprisonment to have sexual relations with those under 16 years was to protect those under 16. A reduction of punishment on the basis that the victim encouraged the commission of the offence was wrong. The victim’s vulnerability was an aggravating rather than a mitigating feature.
AGGRAVATING FEATURES CHILDREN INDECENT PHOTOGRAPHS OF CHILDREN POSSESSION OF EXTREME PORNOGRAPHIC IMAGES SENTENCING SEXUAL ACTIVITY WITH CHILDREN UNDUE LENIENCY VICTIM ENCOURAGING OFFENCE AGGRAVATING NOT MITIGATING FEATURE
In passing sentence for sexual assault, a judge had been entitled to take an adjusted starting point of six years’ imprisonment, as opposed to one of 12 months as recommended in the sentencing guidelines. The offence had been replete with aggravating factors and, save for a guilty plea, devoid of any mitigation. The judge had correctly observed that the guidelines were precisely such: guidelines, not tram lines.
AGGRAVATING FEATURES DANGEROUSNESS EXTENDED SENTENCES JUDGE TAKING STARTING POINT ABOVE THAT RECOMMENDED IN SENTENCING GUIDELINES NUMEROUS AGGRAVATING FACTORS WITH ONLY GUILTY PLEA IN MITIGATION OFFENDER ASSAULTING WOMAN IN TOILET CUBICLE PERSISTENT OFFENDERS SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT STARTING POINT
A sentence of 15 months’ imprisonment imposed for 14 historic indecent assaults was unduly lenient and was increased to one of 30 months. Even though the offender, a highly regarded television and radio presenter with no previous convictions, was 83 years old, in poor health, and had not offended for over 25 years, the original sentence did not reflect the offences’ criminality given their lifelong impact on the victims and public concern over sexual crimes against children and young victims.
“HISTORIC” OFFENCES ABUSE OF POSITION OF TRUST AGE AGGRAVATING FEATURES CHILD SEX OFFENCES CONSIDERATION OF VICTIMS’ WISHES DOUBLE PUNISHMENT ELDERLY MAN GUILTY OF 14 HISTORIC SEXUAL ASSAULTS ON GIRLS GUILTY PLEAS INDECENT ASSAULT MANIPULATION OF MEDIA MITIGATION PUBLIC INTEREST SENTENCING UNDUE LENIENCY VICTIMS
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 term was appropriate.
AGGRAVATING FEATURES APPROPRIATE MINIMUM TERM DETENTION FOR PUBLIC PROTECTION DISCRETIONARY LIFE IMPRISONMENT EXTENDED SENTENCES MINIMUM TERM OFFENDING ON LICENCE PUBLIC PROTECTION SENTENCING SERIOUSNESS OF OFFENCE SERIOUSNESS OF SEXUAL ASSAULT ON SCHOOLGIRL SEXUAL ASSAULT STARTING POINT VICTIM PERSONAL STATEMENTS WHETHER DISCRETIONARY LIFE SENTENCE MANIFESTLY EXCESSIVE YOUNG OFFENDERS
A sentence of detention for public protection with a minimum term of four years imposed on an offender for attempted rape and assault by penetration was unduly lenient and a minimum term of six years was substituted.
AGGRAVATING FEATURES APPROPRIATE MINIMUM TERM ASSAULT BY PENETRATION ATTEMPTS DETENTION FOR PUBLIC PROTECTION ELDERLY PERSONS MINIMUM TERM PERSISTENT OFFENDERS RAPE SENTENCING UNDUE LENIENCY YOUNG OFFENDERS
Where an 16-year-old offender had committed an offence of rape on an elderly woman, who was his grandmother, alone in her home at night after a forced entry, the circumstances were of such gravity that a sentence of life imprisonment was inevitable.
AGGRAVATING FEATURES ELDERLY WOMAN ALONE IN HOME AT NIGHT FORCED ENTRY LIFE IMPRISONMENT RAPE SENTENCE LENGTH SENTENCING SEXUAL OFFENCES WHETHER OFFENCE OF SUCH GRAVITY THAT LIFE IMPRISONMENT JUSTIFIED
A total sentence of five years’ imprisonment imposed for two sexual assaults was manifestly excessive and was reduced to three years. The judge had been entitled to find that the aggravating features moved the offences out of the third category in the definitive guideline for sexual assault, but he had erred in passing a sentence on one count which was at the starting point of the first category.
AGGRAVATING FEATURES CONSECUTIVE SENTENCES CRIMINAL JUSTICE ACT 2003 Pt 12 s.225 DANGEROUS OFFENDER PROVISIONS NOT APPLICABLE DANGEROUS OFFENDERS JUDGE ERRING IN CALCULATION OF SENTENCE WITH REGARD TO AGGRAVATING FEATURES Pt 12 s.227 s.225 s.227 s.240 SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT
A sentence of imprisonment for public protection was inappropriate where there was evidence to suggest that a defendant’s repressed paedophilic tendencies could be controlled and minimised with effective treatment.
AGGRAVATING FEATURES CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 s.225 DANGEROUSNESS DEFENDANT FORMING SEXUAL RELATIONSHIP WITH 13-YEAR-OLD GIRL IMPRISONMENT FOR PUBLIC PROTECTION MEETING CHILDREN FOLLOWING SEXUAL GROOMING MITIGATION REASONABLENESS OF SENTENCE OF IMPRISONMENT FOR PUBLIC PROTECTION SENTENCE LENGTH SENTENCING SEXUAL ACTIVITY WITH CHILDREN SEXUAL OFFENCES PREVENTION ORDERS
Please use the form below to make contact. Your email will be responded to promptly (we endeavour to respond to all email enquiries within one hour). Alternatively, you can call Stephen's firm, Twelve Tabulae Limited, on +44 (0) 203 846 5801.