Sentences of four years’ imprisonment for sexual offences against a mentally disordered person were unduly lenient given the repeated nature of the offences. A total sentence of five and a half years was substituted which included a substantial discount for an unsatisfactory sentencing process.
AGGRAVATING FEATURES AGGRAVATING FEATURES INCLUDING REPEATED NATURE OF OFFENCES CRIMINAL JUSTICE ACT 2003 s.227 s.224 s.30(3) SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.30(1) SEXUAL OFFENCES AGAINST MENTALLY DISORDERED PERSONS UNDUE LENIENCY
A sentence of 40 months’ imprisonment for conspiracy to traffic into the United Kingdom for sexual exploitation contrary to the Sexual Offences Act 2003 s.57 was excessive in light of a defendant’s lack of previous convictions, his young age, the limited scale of the criminal operation and his plea of guilty.
AGGRAVATING FEATURES CONSPIRACY GUILTY PLEAS s.52 SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.57 STARTING POINTS TRAFFICKING FOR SEXUAL EXPLOITATION
A judge had erred in her belief that the maximum sentence available for indecent assault was 10 years’ imprisonment and had subsequently imposed an unduly lenient extended sentence.
AGGRAVATING FEATURES INDECENT ASSAULT MAXIMUM SENTENCES s.15(1) SENTENCE LENGTH SENTENCING SENTENCING TARIFF SEXUAL ACTIVITY WITH CHILD FAMILY MEMBERS SEXUAL OFFENCES ACT 1956 s.15 UNDUE LENIENCY
A sentence of five years and six months’ imprisonment imposed on a taxi driver who had followed a drunken passenger into her own home and had unprotected sexual intercourse with her whilst she was asleep on the sofa was found to be unduly lenient and increased to eight years.
ABUSE OF POSITION OF TRUST AGGRAVATING FEATURES BURGLARY DRIVERS RAPE SENTENCING SEXUAL OFFENCES TAXI DRIVER RAPING PASSENGER IN HER OWN HOME TAXIS UNDUE LENIENCY
A sentence of 8 years’ imprisonment was the correct starting point for an offence of rape where there were aggravating features of the use of a knife, a degree of planning, a persistence of attack and previous convictions.
AGGRAVATING FEATURES DISCOUNT FOR MITIGATION KNIVES KNIVES~RAPE OF WOMAN AT KNIFEPOINT IN DARK ALLEYWAY~UNDUE LENIENCY MITIGATION PERSISTENCY OF ATTACKS PLANNING PREVIOUS CONVICTIONS RAPE RAPE IN ALLEY SENTENCING SEXUAL OFFENCES STARTING POINT FOR SENTENCING UNDUE LENIENCY USE OF KNIVES
A sentence of three years and ten months’ imprisonment on one count of rape and two counts of indecent assault, which represented a course of conduct of abuse by a father against a daughter, was unduly lenient.
AGGRAVATING FEATURES CHILD VICTIMS CHILDREN COURSE OF CONDUCT CRIMINAL PROCEDURE DOUBLE JEOPARDY GUILTY PLEAS INCORRECT EVIDENCE ON WHICH TO BASE SENTENCE INDECENT ASSAULT PARENTS PERIOD OF TIME RAPE REPEATED OFFENCES AGAINST DAUGHTER S.36 CRIMINAL JUSTICE ACT 1988 SENTENCING SEXUAL OFFENCES UNDUE LENIENCY
A conditional discharge was unduly lenient for offences of indecent assault with a female under 13 years old and indecency with a child.
AGGRAVATING FEATURES CONDITIONAL DISCHARGES COURSE OF CONDUCT CRIMINAL PROCEDURE IMPRISONMENT INDECENCY WITH A CHILD INDECENCY WITH STEPCHILD INDECENT ASSAULT INDECENT ASSAULTS OFFENCE TAKING PLACE 30 YEARS PREVIOUSLY S.36 CRIMINAL JUSTICE ACT 1988 SENTENCE LENGTH SENTENCES SENTENCING SEXUAL OFFENCES STEP-FATHERS STEPCHILDREN UNDUE LENIENCY UNDULY LENIENT
An eight-year sentence was unduly lenient for two offences of rape where the victim was a child who had been in a position of trust vis-à-vis the offender. A three-year community rehabilitation order was unduly lenient for offences of indecent assault and indecency with a child. A six-month sentence coupled with an extended licence period of two years was unduly lenient for three counts of indecent assault against a child.
“HISTORIC” OFFENCES AGGRAVATING FEATURES APPLICATION OF RAPE SENTENCING GUIDANCE TO OTHER SEXUAL OFFENCES ATTORNEY GENERAL’S REFERENCE BREACH OF TRUST CHILDREN COMMUNITY REHABILITATION CRIMINAL JUSTICE ACT 1988 s.36 CRIMINAL LAW CRIMINAL PROCEDURE DAUGHTERS DOUBLE JEOPARDY GUILTY PLEAS INDECENT ASSAULT POSITION OF AUTHORITY POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 PREVIOUS OFFENCES RAPE S.36 CRIMINAL JUSTICE ACT 1988 SENTENCING SEXUAL OFFENCES SUBSTITUTION UNDULY LENIENT YOUNG GIRLS
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