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Top Criminal Barrister QC and Leading Rape Defence Counsel

CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY

July 18, 2019

Convictions for rape and indecent assault were deemed unsafe where a judge had failed to give a jury clear directions as to whether, and if so how, they could rely on the evidence of each victim when considering the allegations made by the other.

ADMISSIBILITY BAD CHARACTER CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CRIMINAL EVIDENCE HISTORICAL OFFENCES INDECENT ASSAULT JURY DIRECTIONS RAPE

March 19, 2019

Total sentences of six years and nine months’ imprisonment and six years’ imprisonment imposed on a male and female offender respectively following guilty pleas to child sex offences were lenient, but not unduly lenient. The female offender had sent the male offender images of her and her daughter, aged between two and six, engaging in sexual activity. The offending had been rightly categorised in Category 2A of the relevant guideline and the judge’s approach to sentencing was not flawed.

ABUSE OF POSITION OF TRUST CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY FAMILIAL CHILD SEX OFFENCES INDECENT PHOTOGRAPHS OF CHILDREN SENTENCING UNDUE LENIENCY

October 16, 2018

A judge had had insufficient regard to totality when imposing consecutive extended sentences totalling 38 years on a prolific sex offender who had pleaded guilty to committing 137 offences over the course of 10 years. A large number of the offences involved the deliberate targeting of vulnerable children on the internet, persuading them to provide him with naked images of themselves and blackmailing them to provide increasingly graphic and humiliating images of them taking part in degrading acts. An extended sentence of 25 years’ custody, with an extension period of eight years, was substituted for the original sentence.

BLACKMAIL CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CONSECUTIVE SENTENCES EXTENDED SENTENCES FORCED LABOUR FRAUD BY FALSE REPRESENTATION INDECENT PHOTOGRAPHS OF CHILDREN MALICIOUS COMMUNICATIONS POSSESSION OF PAEDOPHILE MANUALS PUBLISHING OBSCENE ARTICLES SENTENCE LENGTH SENTENCING SEXUAL EXPLOITATION OF CHILDREN TOTALITY OF SENTENCE VOYEURISM

September 29, 2015

A sentence of 17 years and 2 months’ imprisonment with an eight-year extension period imposed for child sex offences was justified as the offender had carried out the systemic and sustained abuse of his step-daughter from age 6 to 11 and of her cousin, who suffered from autism, at age 12.

AGGRAVATING FEATURES CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CAUSING CHILDREN TO WATCH SEXUAL ACTS CHILD PORNOGRAPHY OFFENCES CHILD SEX OFFENCES EXTENDED SENTENCES POSSESSION OF PROHIBITED IMAGES OF CHILDREN RAPE OF CHILD UNDER 13 SENTENCING SEXUAL ASSAULT OF CHILD UNDER 13 STARTING POINT STEPFATHER ABUSING CHILDREN UNDER 12 OVER NUMBER OF YEARS

February 10, 2015

A total sentence of five years’ imprisonment imposed following guilty pleas to making indecent images of children, distributing indecent images of children, possessing extreme pornographic images and causing a child to engage in sexual activity was reduced to four years. The sentencing judge had failed to categorise properly the nature of the defendant’s activity relating to the imagery in accordance with the relevant sentencing guidelines, in particular that he had simply downloaded the majority of the indecent photographs rather than participating in their production.

CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CULPABILITY INDECENT PHOTOGRAPHS OF CHILDREN POSSESSION OF EXTREME PORNOGRAPHIC IMAGES SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES

December 4, 2014

A non-custodial sentence was unduly lenient for a young offender of previous good character who had pleaded guilty to sexual offences involving a girl under 13: a custodial sentence of two and a half years was substituted.

CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILD SEX OFFENCES MITIGATION RAPE OF CHILD UNDER 13 SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES AGAINST CHILD UNDER 13 UNDUE LENIENCY YOUNG OFFENDERS

July 15, 2014

A three-year community order imposed on an offender for multiple offences of inciting a child to engage in sexual activity was replaced with a term of three years’ imprisonment. The manipulative nature, frequency and persistence of the offending, targeting vulnerable victims including two under 13, required an immediate custodial sentence even though the offender had voluntarily sought help for his behaviour.

AGGRAVATING FEATURES CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY COMMUNITY ORDERS CUSTODIAL SENTENCES INDECENT PHOTOGRAPHS OF CHILDREN SENTENCING SEXUAL GROOMING UNDUE LENIENCY

July 8, 2014

There was no basis on which to extend time to allow an offender to appeal against his convictions for rape, sexual assault, and causing or inciting a four-year-old child to engage in sexual activity. Although the normal trial process had had to be modified in a number of ways because of the victim’s age, the judge had taken great care to ensure that the trial was fair.

BEST EVIDENCE CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION NO CASE TO ANSWER RAPE OF CHILD UNDER 13 SEXUAL ASSAULT OF CHILD UNDER 13

February 28, 2014

A judge had been wrong to commit a child for trial in the Crown Court for a sexual offence because, taking into account the child’s previous good character and the fact that he was 11 years old at the time of the offence, there was no real prospect that the Crown Court would exercise its powers under the Powers of Criminal Courts (Sentencing) Act 2000 s.91 to impose a custodial sentence.

11=YEAR-OLD CHARGED WITH CAUSING OR INCITING CHILD UNDER 13 TO ENGAGE IN SEXUAL ACTIVITY CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILDREN COMMITTAL FOR TRIAL CRIMINAL PROCEDURE CROWN COURT CUSTODIAL SENTENCES JURISDICTION POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.91(3) s.5(1)(a) s.83 s.91 SENTENCING SEXUAL OFFENCES ACT 2003 s.8 YOUTH COURTS

August 16, 2013

Sentences totalling 16 months’ imprisonment were unduly lenient, having been imposed following an offender’s guilty pleas to 15 counts of causing or inciting, or attempting to incite, children to engage in sexual activity where the offender had contacted up to 220 children via Facebook. A sentence of four years was appropriate.

CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY INDECENT PHOTOGRAPHS OF CHILDREN OFFENDER CONTACTING CHILDREN VIA FACEBOOK AND INCITING SEXUAL ACTS ON CAMERA s.101 s.81 SENTENCING SENTENCING GUIDELINES SEXUAL OFFENCES ACT 2003 s.8 SOCIAL MEDIA UNDUE LENIENCY

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"HISTORIC" OFFENCES ABUSE OF POSITION OF TRUST ADMISSIBILITY AGGRAVATING FEATURES ASSAULT BY PENETRATION ATTEMPTS BAD CHARACTER BUGGERY CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILDREN CHILD SEX OFFENCES CONSENT CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE CROSS-EXAMINATION DANGEROUSNESS DELAY EXTENDED SENTENCES FRESH EVIDENCE GUILTY PLEAS HUMAN RIGHTS IMPRISONMENT FOR PUBLIC PROTECTION INCONSISTENT VERDICTS INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN JURY DIRECTIONS MINIMUM TERM PREVIOUS CONVICTIONS RAPE RAPE OF CHILD UNDER 13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS SUMMING UP TOTALITY OF SENTENCE UNDUE LENIENCY YOUNG OFFENDERS