CHILDREN

A term of imprisonment of three years was unduly lenient in respect of an attempted rape and other sexual offences where there had been a course of conduct over a number of years by the elderly grandfather of a young child. Taking into account the need for the defendant to look after his sick wife the appropriate sentence was one of four years and six months’ imprisonment.

It was impermissible for the Crown to prosecute a charge of indecent assault under the Sexual Offences Act 1956 s.14(1) in circumstances where the conduct upon which that charge was based was only an act of unlawful sexual intercourse with a girl aged under 16 in respect of which no prosecution could be commenced under s.6(1) of the Act by virtue of s.37(2) of, and Sch.2 to, that Act.

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.

A sentence of three years and ten months’ imprisonment on one count of rape and two counts of indecent assault, which represented a course of conduct of abuse by a father against a daughter, was unduly lenient.

A judge had exercised his discretion fairly under s.41 Youth and Criminal Evidence Act 1999 by ruling as admissible certain evidence about sexual abuse on complainant children by persons other than their parents against whom criminal proceedings had been brought.

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.

A sentence in excess of the statutory maximum of ten years should not have been imposed where it resulted in an extended sentence of 18 years, of which 12 years was the custodial term for sex offences against children. A term of ten years, of which six years was the period of imprisonment and four years was the extended licence period, was imposed instead.

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.