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 sentence had been received was not a specified offence and therefore should not have been added to the minimum term.
BREACH CRIMINAL JUSTICE ACT 2003 Pt 12 s.224 MINIMUM TERM MINIMUM TERM INCREASED FOR BREACH OF SUSPENDED SENTENCE OFFENCE FOR WHICH SUSPENDED SENTENCE IMPOSED NOT SPECIFIED OFFENCE Pt 12 s.225 RAPE s.224 s.225 Sch.15 SENTENCING SEXUAL OFFENCES PREVENTION ORDERS SUSPENDED SENTENCES
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.
AGGREGATE SENTENCE BREACH BREACHING SEXUAL OFFENCES PREVENTION ORDER BY MAKING INDECENT IMAGES OF CHILDREN CHILD SEX OFFENCES INDECENT PHOTOGRAPHS OF CHILDREN SENTENCE LENGTH SENTENCING SEXUAL OFFENCES PREVENTION ORDERS
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, and meeting her for sexual activity, merited a sentence of six months’ imprisonment.
APPLICATION OF REASONING IN R V SMITH [2012] 1 CR APP R(S) 82 BREACH OFFENDER’S CONTACT WITH VULNERABLE 16-YEAR-OLD GIRL ORDER PROHIBITING CONTACT WITH GIRLS UNDER 18 SENTENCE LENGTH SENTENCING SEXUAL OFFENCES PREVENTION ORDERS
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 third party, and free of the real risk of unintentional breach.
BREACH CLARITY OF TERMS OF ORDER DRAFTING INDECENT PHOTOGRAPHS OF CHILDREN PENOLOGY AND CRIMINOLOGY RISK OF UNINTENTIONAL BREACH s.107(2) s.113(2) SAFEGUARDING VULNERABLE GROUPS ACT 2006 SENTENCING SEXUAL OFFENCES ACT 2003 s.104 SEXUAL OFFENCES PREVENTION ORDERS
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.
BREACH SENDING CHRISTMAS CARD TO GIRL UNDER 16 IN BREACH OF ORDER SENTENCE LENGTH SENTENCING SERIOUSNESS OF BREACH SEXUAL OFFENCES PREVENTION ORDERS
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.
ADMISSIBILITY APPLICATION OF S.101(1)(G) CRIMINAL JUSTICE ACT 2003 BAD CHARACTER BREACH BREACH OF SEXUAL OFFENCES PREVENTION ORDER CONDUCT DURING EVIDENCE-IN-CHIEF CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(g) PREVIOUS CONVICTIONS PROPENSITY s.101(1)(d) s.103(1)(b) Sch.15 SENTENCE LENGTH SENTENCING SEXUAL OFFENCES PREVENTION ORDERS
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.
ANTISOCIAL BEHAVIOUR ORDERS BREACH ENGAGING IN SEXUAL ACTIVITY IN PRESENCE OF CHILDREN GUILTY PLEAS INDECENT EXPOSURE IN BREACH OF ANTISOCIAL BEHAVIOUR ORDER SENTENCE LENGTH SENTENCING
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