APPROPRIATE SENTENCE LENGTH

July 11, 2014

Where an offender had been convicted of historic sexual offences in respect of his step-daughter, who was five or six years’ old at the time of the abuse, the appropriate sentence was a term of five years’ imprisonment. The key to the sentencing exercise in such cases was to assess the harm from the offending and the culpability of the offender, taken with any aggravating and mitigating factors, while always bearing in mind the statutory maximum at the relevant time.

“HISTORIC” OFFENCES APPROPRIATE SENTENCE LENGTH BREACH OF TRUST CHILD SEX OFFENCES CHILDREN CRIMINAL APPEAL ACT 1968 s.23 INDECENT ASSAULT s.23(2)(a) s.23(2)(d) SENTENCE LENGTH SENTENCING WHETHER VERDICTS UNSAFE ON BASIS OF NEW EVIDENCE NOT AVAILABLE AT TIME OF TRIAL

January 18, 2006

A sentence of 14 months’ imprisonment was excessive for an offence of voyeurism and was substituted by a sentence of nine months’ imprisonment, where the appellant, the manager of a gym, had abused his position of trust by secretly recording videotape of women showering or using sun beds.

ABUSE OF POSITION OF TRUST APPROPRIATE SENTENCE LENGTH CRIMINAL LAW CUSTODIAL SENTENCES s.67 S.67(3) SEXUAL OFFENCES ACT 2003 SECRET VIDEO RECORDINGS BY MANAGER OF GYM SENTENCE LENGTH SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.67(3) SPORTS CENTRE MANAGER SECRETLY FILMING WOMEN VIDEO RECORDINGS VOYEURISM

July 25, 2003

The appellant’s convictions for indecent assaults against young girls over 30 years ago were safe. His sentence would be reduced from seven years to four and a half years as these were not the most serious offences of their kind.

ADMISSIBILITY ALIBI DIRECTION ALIBIS APPEAL AGAINST CONVICTION APPEAL AGAINST SENTENCE APPROPRIATE SENTENCE LENGTH CHARACTER DIRECTION CIVIL EVIDENCE COLLUSION OF WITNESSES CREDIBILITY CRIMINAL APPEALS CRIMINAL JUSTICE ACT 1988 s.23 CRIMINAL LAW DELAY DELAY BETWEEN OFFENCES AND TRIAL FAILURE TO GIVE ALIBI DIRECTION HEARSAY HEARSAY EVIDENCE INDECENT ASSAULT INDECENT ASSAULTS AGAINST CHILDREN JUDGE’S DIRECTIONS JURY DIRECTIONS LEAVE TO ADDUCE HEARSAY EVIDENCE REFUSED PREVIOUS CONVICTIONS PROPENSITY SELECTIVE INTRODUCTION SENTENCING SEXUAL OFFENCES TIME WITNESS STATEMENTS

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