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APPROPRIATENESS OF CUSTODIAL SENTENCE IMPOSED ON 68-YEAR-OLD MAN FOR CHILD SEX OFFENCES COMMITTED WHEN 15

August 6, 2015

An immediate 15-month custodial sentence imposed on a 68-year-old man in respect of offences of incest and indecent assault which he had committed against his younger sister when aged 15 was replaced with a community penalty. The judge had been misled by not being referred to the relevant guidelines for sentencing youths, and he had not been justified in imposing a far harsher sentence than would have been imposed if the offender had been a 15-year-old boy at the time of sentencing.

“HISTORIC” OFFENCES APPROPRIATENESS OF CUSTODIAL SENTENCE IMPOSED ON 68-YEAR-OLD MAN FOR CHILD SEX OFFENCES COMMITTED WHEN 15 CHILDREN AND YOUNG PERSONS ACT 1933 s.41 CUSTODIAL SENTENCES INCEST INDECENT ASSAULT SENTENCING SENTENCING GUIDELINES YOUNG OFFENDERS

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"HISTORIC" OFFENCES ABUSE OF POSITION OF TRUST ADMISSIBILITY AGGRAVATING FEATURES ASSAULT BY PENETRATION ATTEMPTS BAD CHARACTER BUGGERY CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILDREN CHILD SEX OFFENCES CONSENT CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE CROSS-EXAMINATION DANGEROUSNESS DELAY EXTENDED SENTENCES FRESH EVIDENCE GUILTY PLEAS HUMAN RIGHTS IMPRISONMENT FOR PUBLIC PROTECTION INCONSISTENT VERDICTS INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN JURY DIRECTIONS MINIMUM TERM PREVIOUS CONVICTIONS RAPE RAPE OF CHILD UNDER 13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS SUMMING UP TOTALITY OF SENTENCE UNDUE LENIENCY YOUNG OFFENDERS