A total extended sentence of seven years and six months’ imprisonment for historic offences of attempted buggery, indecency with a child and indecent assault on a man committed by an individual aged 20-25 against his neighbour aged 10-14, whilst lenient, was not unduly so. Although aspects of the judge’s reasoning had been flawed, the offences had very unpleasant features and there had been an element of grooming, no violence had been used.
AGGRAVATING FEATURES ASSAULT OF CHILD UNDER 13 BY PENETRATION ATTEMPTS BUGGERY CRIMINAL LAW HISTORICAL OFFENCES MAXIMUM SENTENCES RAPE OF CHILD UNDER 13 SENTENCING SENTENCING GUIDELINES STARTING POINT TOTALITY OF SENTENCE UNDUE LENIENCY
The court upheld an offender’s convictions for indecent assault and attempting to inflict grievous bodily harm committed against his younger brother when they were both under 18. It could not be said that the manner in which the trial was conducted by the offender’s own counsel was so flawed as to render his conviction unsafe.
ATTEMPTS AUTISTIC SPECTRUM DISORDER CRIMINAL EVIDENCE CRIMINAL PROCEDURE DEFENCE COUNSEL GRIEVOUS BODILY HARM INDECENT ASSAULT ORAL EVIDENCE PSYCHIATRIC EVIDENCE
Sentences of six years’ imprisonment following a conviction for attempted rape and 30 months’ imprisonment, to be served concurrently, following a conviction for sexual assault, were not unduly lenient where the judge had taken into account totality, but had been motivated by mercy.
ATTEMPTS PREROGATIVE OF MERCY RAPE SENTENCING SEXUAL ASSAULT STARTING POINT TOTALITY OF SENTENCE UNDUE LENIENCY
The Northern Ireland Court of Appeal reiterated the approach set out in R. v McKeown (Gary) [2013] NICA 28, namely that although assistance might be derived from the aggravating and mitigating features identified by the England and Wales Sentencing Guidelines Council in its definitive guidance, judges and practitioners in Northern Ireland were not constrained by those guidelines.
ATTEMPTS CORONERS AND JUSTICE ACT 2009 s.125(1) DOMESTIC BURGLARY NORTHERN IRELAND SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL OFFENCES
A conviction for attempted rape was quashed following the admission of new DNA evidence taken from clothing worn by the victim at the time of the offence.
ATTEMPTS CRIMINAL APPEAL ACT 1968 s.23 CRIMINAL EVIDENCE DNA EVIDENCE IDENTIFICATION NEW AND COMPELLING EVIDENCE RAPE UNSAFE CONVICTIONS
An offender’s convictions for historic offences of rape, buggery, attempted rape, indecent assault and murder were deemed safe, as the judge had given the jury adequate directions as to the dangers of delay and its effect on the evidence.
“HISTORIC” OFFENCES ADMISSIBILITY ADMISSION OF HISTORIC EVIDENCE ATTEMPTS BUGGERY CONFESSIONS CRIMINAL EVIDENCE CRIMINAL PROCEDURE DELAY EFFECT ON FAIRNESS OF TRIAL INDECENT ASSAULT JURY DIRECTIONS MURDER POLICE INTERVIEWS PREJUDICE RAPE SEXUAL OFFENCES SIGNIFICANT DELAY IN CHARGING OFFENDER
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
A conviction for rape was unsafe and a conviction for sexual assault was substituted, where there was an absence of any evidence or activity capable of justifying the conclusion which pointed to an intent to commit the specific offence of rape. There was ample evidence of an intent to commit a serious sexual assault and there was no doubt that the offender’s actions had gone well beyond mere preparation.
ATTEMPTS COUNTS OF ATTEMPTED RAPE AND SEXUAL ASSAULT CRIMINAL APPEAL ACT 1968 s.3 CRIMINAL EVIDENCE INTENTION JURY DIRECTIONS RAPE SEXUAL ASSAULT STRUGGLE WITH BARMAID ALONE IN BAR WHEN IN DRINK SUBMISSION OF INSUFFICIENT EVIDENCE OF ANYTHING MORE THAN PREPARATORY ACT
A sentence of imprisonment for public protection with a minimum term of two years was appropriate in the case of an adult male who had pleaded guilty to attempting to foster an inappropriate relationship with an 11-year-old girl over internet.
ADULT MALE ATTEMPTING TO FOSTER INAPPROPRIATE RELATIONSHIP WITH 11-YEAR-OLD GIRL OVER INTERNET APPROPRIATE MINIMUM TERM ATTEMPTS CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 Pt 12 s.229(3) ENGAGING IN SEXUAL ACTIVITY IN PRESENCE OF CHILDREN IMPRISONMENT FOR PUBLIC PROTECTION INDECENT PHOTOGRAPHS OF CHILDREN MINIMUM TERM s.160(1) s.227 s.229(3) SENTENCE LENGTH SENTENCING
Possible confusion caused by conflicting good and bad character directions to the jury was sufficient to make an appellant’s conviction for attempting to abduct a child unsafe.
ATTEMPTED ABDUCTION OF CHILD ATTEMPTS CHARACTER CHILD ABDUCTION CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(d) CRIMINAL PROCEDURE EFFECT OF CONFLICTING GOOD AND BAD CHARACTER DIRECTIONS ON SAFETY OF CONVICTION EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS INDECENT ASSAULT JURY DIRECTIONS RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.101(3) s.112 SENTENCE LENGTH SENTENCING SEXUAL OFFENCES PREVENTION ORDERS
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