A sentence with a minimum term of nine years and three months’ imprisonment imposed for nine counts of rape was quashed as the minimum term had been wrongly increased by six months to reflect a breach of a suspended sentence imposed for breach of a sexual offences prevention order. The offence for which the suspended […]
An aggregate sentence of 28 months’ imprisonment following a guilty plea to breach of a sexual offences prevention order and making and possessing indecent images of a child, mainly of level 1, was too high. An aggregate sentence of 18 months was appropriate.
A sexual offences prevention order should have been drafted to prohibit the offender from contact with girls under 16, rather than girls under 18. Nevertheless, he was still bound by the order whilst it was in force and his breach of it, by sending text messages to a 16-year-old, encouraging her to send naked photographs, […]
A sexual offences prevention order was quashed where its terms were impermissibly wide. Since breach of such an order was a criminal offence carrying a maximum sentence of five years’ imprisonment, it was essential that the order was clear on its face, capable of being complied with without unreasonable difficulty and/or the assistance of a […]
A concurrent sentence of four years’ imprisonment for breaching a sexual offences prevention order by sending a Christmas card to a female under 16 was excessive given the relatively minor nature of the breach, and was replaced with a concurrent sentence of 12 months’ imprisonment.
A judge had been correct to admit a defendant’s previous bad character under the Criminal Justice Act 2003 s.101(1)(g) since the conduct of that defendant in his evidence-in-chief amounted to an attack on prosecution witnesses. However, a sentence of 10 years’ imprisonment had been manifestly excessive for breach of a sexual offences prevention order.
A sentence of four years’ imprisonment imposed for breach of an antisocial behaviour order was reduced where the sentencing judge had failed to give the appropriate discount for an early guilty plea.
