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Top Criminal Barrister QC and Leading Rape Defence Counsel

CHILD ABDUCTION

January 23, 2015

A judge had been right to refuse severance of a defendant’s indictment for child abduction from his co-defendants’ additional indictments for rape. The jury had not misunderstood the scope or nature of the case against the defendant, they had been directed carefully and the summing up had been clear.

APPLICATION TO SEVER INDICTMENT CHILD ABDUCTION CHILD ABDUCTION ACT 1984 s.2 CO-DEFENDANTS CRIMINAL PROCEDURE INDICTMENTS JURY DIRECTIONS RAPE s.2(1)(a) s.3 SEVERANCE SUMMING UP THREE CO-DEFENDANTS JOINTLY CHARGED WITH CHILD ABDUCTION TWO CO-DEFENDANTS CHARGED WITH RAPE

July 12, 2013

A sentence of three-and-a-half years’ imprisonment imposed following an offender’s conviction for kidnapping a 10-year-old child and inciting her to engage in sexual activity was not unduly lenient given the circumstances, which did not fit within the sentencing guidelines and included a relatively short duration kidnap and the fact that no sexual activity had taken place.

BUT NO ACTUAL CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILD ABDUCTION CHILD SEX OFFENCES COMMITTING AN OFFENCE WITH INTENT TO COMMIT A SEXUAL OFFENCE KIDNAPPING NON-APPLICABILITY OF SENTENCING GUIDELINES SENTENCING SENTENCING GUIDELINES SEXUAL ACTIVITY SHORT-DURATION KIDNAPPING OF 10-YEAR-OLD CHILD AND INCITEMENT TO ENGAGE IN UNDUE LENIENCY

January 19, 2010

Possible confusion caused by conflicting good and bad character directions to the jury was sufficient to make an appellant’s conviction for attempting to abduct a child unsafe.

ATTEMPTED ABDUCTION OF CHILD ATTEMPTS CHARACTER CHILD ABDUCTION CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(d) CRIMINAL PROCEDURE EFFECT OF CONFLICTING GOOD AND BAD CHARACTER DIRECTIONS ON SAFETY OF CONVICTION EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS INDECENT ASSAULT JURY DIRECTIONS RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.101(3) s.112 SENTENCE LENGTH SENTENCING SEXUAL OFFENCES PREVENTION ORDERS

December 14, 2006

A judge had been wrong to undertake a trial of an issue concerning a defendant’s alleged conduct prior to an offence that had neither been admitted nor proved by verdict and further erred in using his findings against that defendant to form the basis of an assessment of dangerousness under the Criminal Justice Act 2003. However, in the circumstances, the judge was correct to impose imprisonment for public protection.

ASSESSMENT OF DANGEROUSNESS CHILD ABDUCTION CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 1991 s.2 CRIMINAL JUSTICE ACT 2003 s.229 CRIMINAL LAW DANGEROUSNESS GUILTY PLEAS IMPRISONMENT FOR PUBLIC PROTECTION LEGISLATIVE INTENTION Part 2 PSYCHIATRIC EVIDENCE RESTRICTIONS RISK OF REOFFENDING s.224(3) s.225 s.225(2) s.225(3) s.229(2) s.229(2)(b) s.229(2)(c) SENTENCE LENGTH SENTENCING SENTENCING WITHOUT PRIOR JUDGMENT SEXUAL ASSAULT TRIAL OF ISSUE CONCERNING PREVIOUS ALLEGATIONS TRIAL WITHOUT JURY TRIALS OF ISSUE

December 11, 1998

Consecutive sentences totalling 12 years’ imprisonment, comprising of three years for indecent assault and nine years for the abduction of an eight year old boy, imposed under the Criminal Justice Act 1991 s.2(2)(b), were inappropriate as both counts reflected one course of conduct, and whilst a longer than commensurate term was required for the indecent assault, in view of the seriousness of the offence, a term of eight years was appropriate, to be served concurrently to the other.

CHILD ABDUCTION CHILDREN CONSECUTIVE SENTENCES CRIMINAL JUSTICE ACT 1991 s.2(2)(b) EXTENDED SENTENCES INDECENT ASSAULT LEGAL REASONING PROTECTION OF THE PUBLIC SENTENCING SEXUAL OFFENCES

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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