A notional determinate sentence that equated to 30 years’ imprisonment before a one-third reduction for guilty pleas, which had formed the basis for calculating the specified minimum term of a life sentence imposed for 28 counts relating to the sexual abuse of five boys, was excessive and reduced to 20 years.
28 COUNTS RELATING TO SEXUAL ABUSE OF FIVE BOYS ABUSE OF POSITION OF TRUST APPROPRIATE NOTIONAL DETERMINATE SENTENCE ATTEMPTS BUGGERY CALCULATION OF MINIMUM TERM CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILD SEX OFFENCES CHILDREN CRIMINAL JUSTICE ACT 2003 s.225 FILMS INCITEMENT INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN LIFE IMPRISONMENT MEETING CHILDREN FOLLOWING SEXUAL GROOMING MINIMUM TERM PENETRATION RAPE SENTENCING SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT
Convictions on charges of rape and living on prostitution brought under the Sexual Offences Act 2003 were quashed where the indictment had alleged that the offences had occurred between dates straddling the entry into force of the Act, and there was no evidence to show under which statutory regime the offences had fallen.
CRIMINAL JUSTICE ACT 2003 s.225 CRIMINAL LAW CROWN UNABLE TO PROVE WHETHER OFFENCES COMMITTED BEFORE OR AFTER ENTRY INTO FORCE OF SEXUAL OFFENCES ACT 2003 DATE OF OFFENCE FAILURE TO COMPLY WITH TRANSITIONAL PROVISIONS IMPRISONMENT FOR PUBLIC PROTECTION s.113 SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 SUPPLY OF DRUGS TRANSITIONAL PROVISIONS VIOLENT CRIME REDUCTION ACT 2006 s.55
It was inappropriate to impose a sentence of imprisonment for public protection pursuant to the Criminal Justice Act 2003 s.225 on an offender convicted of making indecent photographs of children, because the link between the offending act of downloading images and the possible harm to children was too remote to satisfy the requirement that the offender’s reoffending would cause serious harm.
CRIMINAL JUSTICE ACT 2003 s.225 CRIMINAL LAW IMPRISONMENT FOR PUBLIC PROTECTION INDECENT PHOTOGRAPHS OF CHILDREN LINK BETWEEN DOWNLOADING IMAGES AND HARM NEED FOR PUBLIC PROTECTION AND APPROPRIATENESS OF SEXUAL OFFENCES PREVENTION ORDERS RISK OF REOFFENDING s.104(2) s.106 s.106(3) s.143(1) s.224 s.224(3) s.225(1)(b) s.229 s.229(1) s.229(2) s.229(3) Sch.3 Sch.5 SENTENCING SERIOUSNESS OF OFFENCE SEXUAL OFFENCES ACT 2003 s.104 SEXUAL OFFENCES PREVENTION ORDERS
A sentence of imprisonment for public protection following an offender’s conviction for making indecent photographs of children was unreasonable where on the facts there was no significant risk of his causing serious harm to others. A sentence of 12 months’ imprisonment was substituted.
CRIMINAL JUSTICE ACT 2003 s.225 IMPRISONMENT FOR PUBLIC PROTECTION INDECENT PHOTOGRAPHS OF CHILDREN JUSTIFICATION FOR SENTENCE OF IMPRISONMENT FOR PUBLIC PROTECTION OBSCENITY PREVIOUS CONVICTIONS RISK OF REOFFENDING s.224(3) s.229(3) SENTENCE LENGTH SENTENCING
A sentence of imprisonment for public protection was inappropriate where there was evidence to suggest that a defendant’s repressed paedophilic tendencies could be controlled and minimised with effective treatment.
AGGRAVATING FEATURES CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 s.225 DANGEROUSNESS DEFENDANT FORMING SEXUAL RELATIONSHIP WITH 13-YEAR-OLD GIRL IMPRISONMENT FOR PUBLIC PROTECTION MEETING CHILDREN FOLLOWING SEXUAL GROOMING MITIGATION REASONABLENESS OF SENTENCE OF IMPRISONMENT FOR PUBLIC PROTECTION SENTENCE LENGTH SENTENCING SEXUAL ACTIVITY WITH CHILDREN SEXUAL OFFENCES PREVENTION ORDERS
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