A notional determinate sentence that equated to 30 years’ imprisonment before a one-third reduction for guilty pleas, which had formed the basis for calculating the specified minimum term of a life sentence imposed for 28 counts relating to the sexual abuse of five boys, was excessive and reduced to 20 years.
28 COUNTS RELATING TO SEXUAL ABUSE OF FIVE BOYS ABUSE OF POSITION OF TRUST APPROPRIATE NOTIONAL DETERMINATE SENTENCE ATTEMPTS BUGGERY CALCULATION OF MINIMUM TERM CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILD SEX OFFENCES CHILDREN CRIMINAL JUSTICE ACT 2003 s.225 FILMS INCITEMENT INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN LIFE IMPRISONMENT MEETING CHILDREN FOLLOWING SEXUAL GROOMING MINIMUM TERM PENETRATION RAPE SENTENCING SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT
A sentence of detention for public protection with a minimum term of two years imposed for attempted rape was manifestly excessive as the offender was only 16, was of previous good character and had pleaded guilty at the earliest point. The sentence was replaced with one of three years’ detention.
AGE ATTEMPTED ANAL RAPE OF 11-YEAR-OLD BOY ATTEMPTS CRIMINAL JUSTICE ACT 2003 s.226(3A) DANGEROUSNESS RAPE s.226 s.226(2) s.226(3) s.228 s.229 s.229(1)(b) SENTENCE LENGTH SENTENCING SEXUAL OFFENCES YOUNG OFFENDERS
A sentence of 30 months’ imprisonment following a guilty plea to an offence of attempting to meet a child following sexual grooming was excessive where the defendant was a man of previous good character and there were no aggravating features. On the evidence, there was no justification for exceeding the two-year starting point recommended by the Sentencing Guidelines Council, from which a one-third deduction was appropriate for the guilty plea.
ATTEMPTS CHILD SEX OFFENCES MEETING CHILDREN FOLLOWING SEXUAL GROOMING SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL COMMUNICATION OVER INTERNET WITH UNDERCOVER POLICE OFFICER POSING AS A 14-YEAR-OLD GIRL
In an attempted sexual grooming case where the offender was caught by a newspaper sting operation and there was no actual victim, a sentence of 18 months’ imprisonment on a guilty plea was appropriate for a man of previous good character who had been subjected to the humiliation of exposure in the national press.
ATTEMPTS CHILD SEX OFFENCES INTERNET NEWSPAPER STING OPERATION POSED AS 17-YEAR-OLD IN TEENAGERS’ INTERNET CHAT ROOM SENTENCE LENGTH SENTENCING SEXUAL GROOMING
An order under the Powers of Criminal Courts (Sentencing) Act 2000 s.86 extending the licence period of a sentence until the end of the full length of the custodial term should not have been made where the psychiatric evidence was that the offender, who had been convicted several years after he committed the offence, was no longer a danger to the public.
ATTEMPTS BREAKING INTO VICTIM’S FLAT CRIMINAL JUSTICE ACT 1991 s.32(6) EXTENDED LICENCE PERIOD LICENCE PERIODS POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.86 RAPE RISK OF REOFFENDING s.85 SENTENCING SEXUAL OFFENCES
An extended sentence comprising three years’ detention and an extended licence period of two years imposed on the offender in respect of an offence of attempted rape was unduly lenient. A sentence of detention for public protection was substituted.
APPROPRIATENESS OF EXTENDED SENTENCE ATTEMPTED RAPE AND VIOLENT ASSAULT OF VICTIM ATTEMPTS DANGEROUS OFFENDERS DETENTION FOR PUBLIC PROTECTION EXTENDED SENTENCES PUBLIC PROTECTION RAPE SENTENCING UNDUE LENIENCY YOUNG OFFENDERS
A term of imprisonment of three years was unduly lenient in respect of an attempted rape and other sexual offences where there had been a course of conduct over a number of years by the elderly grandfather of a young child. Taking into account the need for the defendant to look after his sick wife the appropriate sentence was one of four years and six months’ imprisonment.
APPROPRIATE SENTENCES ATTEMPTS CHILDREN COURSE OF CONDUCT OVER NUMBER OF YEARS CRIMINAL LAW ELDERLY DEFENDANTS ELDERLY OFFENDERS ILLNESS INDECENT ASSAULT NOT GUILTY PLEAS OFFENDER ABUSING GRANDDAUGHTER OVER MANY YEARS RAPE SENTENCING UNDUE LENIENCY UNDULY LENIENT
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