BREACH OF TRUST

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 15, 2004

A two year suspended sentence for offences of indecent assault, indecency with a child and buggery was unduly lenient. Taking into account that the defendant was 66 years old at the time of trial and the principle of double jeopardy, the sentence would be quashed and a sentence of four years’ imprisonment substituted.

ABUSE OF POSITION OF TRUST BREACH OF TRUST BUGGERY CHILDREN CRIMINAL LAW DIFFICULT SENTENCING EXERCISE ILL HEALTH INDECENT ASSAULT SENTENCING SEXUAL ABUSE SUSPENDED SENTENCES THREE YEAR SEXUAL ABUSE OF BOY AGED BETWEEN 10 AND 13 UNDUE LENIENCY

January 21, 2003

An eight-year sentence was unduly lenient for two offences of rape where the victim was a child who had been in a position of trust vis-à-vis the offender. A three-year community rehabilitation order was unduly lenient for offences of indecent assault and indecency with a child. A six-month sentence coupled with an extended licence period of two years was unduly lenient for three counts of indecent assault against a child.

“HISTORIC” OFFENCES AGGRAVATING FEATURES APPLICATION OF RAPE SENTENCING GUIDANCE TO OTHER SEXUAL OFFENCES ATTORNEY GENERAL’S REFERENCE BREACH OF TRUST CHILDREN COMMUNITY REHABILITATION CRIMINAL JUSTICE ACT 1988 s.36 CRIMINAL LAW CRIMINAL PROCEDURE DAUGHTERS DOUBLE JEOPARDY GUILTY PLEAS INDECENT ASSAULT POSITION OF AUTHORITY POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 PREVIOUS OFFENCES RAPE S.36 CRIMINAL JUSTICE ACT 1988 SENTENCING SEXUAL OFFENCES SUBSTITUTION UNDULY LENIENT YOUNG GIRLS

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