An extended sentence comprising a 12-year custodial term and a five-year extension period was appropriate in the case of an offender who had vaginally and anally raped a friend, handcuffing her and pressing a pillow over her face. A discretionary life sentence was not justified.
CRIMINAL JUSTICE ACT 2003 Pt 12 s.225 DANGEROUSNESS DISCRETIONARY LIFE IMPRISONMENT EXTENDED SENTENCES RAPE s.143 s.22 s.224A s.225 s.226A s.226A(8) s.240ZA s.263 SENTENCING
An application for a writ of habeas corpus by a prisoner who had been sentenced to imprisonment for public protection when his offence pre-dated the coming into force of the Criminal Justice Act 2003 failed. The sentencing judge had had competent jurisdiction to direct both imprisonment and a minimum term. Her order could not, therefore, be ignored as a suspected nullity; it had to be obeyed unless and until it was set aside on appeal.
ABSENCE OF JURISDICTION CRIMINAL JUSTICE ACT 2003 Pt 12 s.225 CRIMINAL PROCEDURE HABEAS CORPUS IMPRISONMENT FOR PUBLIC PROTECTION POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.80 PRISON GOVERNORS RAPE OF CHILD UNDER 13 RELEASE ON LICENCE s.225 s.85 SENTENCING UNLAWFUL SENTENCES
A judge had not erred in imposing a sentence of imprisonment for public protection on an offender following his guilty pleas to a number of sexual assaults of children under 13. The imposition of an extended sentence, coupled with a sexual offences prevention order, would not have enabled an assessment to be made before release of the success or otherwise of any sex offender programme or other work undertaken in reducing the risk the offender presented.
APPROPRIATENESS OF IMPRISONMENT FOR PUBLIC PROTECTION CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 Pt 12 s.225 CRIMINAL JUSTICE AND IMMIGRATION ACT 2008 EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION INDECENT PHOTOGRAPHS OF CHILDREN RISK ASSESSMENT s.225 s.227 SENTENCING SEXUAL ASSAULT OF CHILD UNDER 13
A sentence of imprisonment for public protection, which had been unlawfully imposed following an offender’s guilty pleas to two offences of indecent assault committed before the Criminal Justice Act 2003 Pt 12 s.225 came into force, was quashed and replaced by an extended sentence.
CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 (COMMENCEMENT NO.8 AND TRANSITIONAL AND SAVING PROVISIONS) ORDER 2005 CRIMINAL JUSTICE ACT 2003 Pt 12 s.225 DANGEROUS OFFENDERS EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION INDECENT ASSAULT PENOLOGY AND CRIMINOLOGY POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.85 Pt 7 s.225 Sch.37 Pt 7 SENTENCING SEXUAL OFFENCES ACT 1956 s.14(1) SEXUAL OFFENCES PREVENTION ORDERS UNLAWFUL SENTENCES
A total sentence of five years’ imprisonment imposed for two sexual assaults was manifestly excessive and was reduced to three years. The judge had been entitled to find that the aggravating features moved the offences out of the third category in the definitive guideline for sexual assault, but he had erred in passing a sentence on one count which was at the starting point of the first category.
AGGRAVATING FEATURES CONSECUTIVE SENTENCES CRIMINAL JUSTICE ACT 2003 Pt 12 s.225 DANGEROUS OFFENDER PROVISIONS NOT APPLICABLE DANGEROUS OFFENDERS JUDGE ERRING IN CALCULATION OF SENTENCE WITH REGARD TO AGGRAVATING FEATURES Pt 12 s.227 s.225 s.227 s.240 SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT
Please use the form below to make contact. Your email will be responded to promptly (we endeavour to respond to all email enquiries within one hour). Alternatively, you can call Stephen's firm, Twelve Tabulae Limited, on +44 (0) 203 846 5801.