A minimum term of five-and-a-half years’ imprisonment for committing an offence with intent to commit a sexual offence was reduced to four-and-a-half years, because it was disproportionate to the five-year starting point for an actual single offence of rape.
COMMITTING AN OFFENCE WITH INTENT TO COMMIT A SEXUAL OFFENCE CRIMINAL JUSTICE ACT 2003 s.229 DANGEROUSNESS IMPRISONMENT FOR PUBLIC PROTECTION MINIMUM TERM OFFENDER INTENDING TO RAPE YOUNG WOMAN s.224 s.225 s.225(1)(b) s.225(b) s.62 s.62(4) Sch.15 SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.62(1)
The judge had erred in principle in imposing a sentence of imprisonment for public protection in respect of the appellant’s sexual assault of a child under the girl of 13; repetitive violent or sexual offending at a relatively low level without serious harm did not of itself give rise to a significant risk of serious harm in the future.
CHILDREN CRIMINAL JUSTICE ACT 2003 s.229 CRIMINAL RECORD IMPRISONMENT FOR PUBLIC PROTECTION JUSTIFICATION FOR SENTENCE OF IMPRISONMENT FOR PUBLIC PROTECTION REPEATED LOW-LEVEL SEXUAL OFFENCES s.224(3) s.225 s.229(3) SENTENCING SEXUAL ASSAULT SEXUAL OFFENCES
A judge had been entitled to recommend the deportation of an offender despite a failure to provide notice as required by the Immigration Act 1971 s.6(2), since the offender and his counsel had been aware of the issue and had made submissions at the relevant time.
ASSAULT BY PENETRATION CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 s.229 CRIMINAL LAW DANGEROUSNESS FAILURE TO GIVE NOTICE IMMIGRATION ACT 1971 s.6(2) NOTICE RECOMMENDATIONS FOR DEPORTATION s.2(5) s.3(5) s.3(6) s.6 SENTENCING VALIDITY OF RECOMMENDATION
A sentence of imprisonment for public protection with a minimum term of two years and six months was appropriate in the case of a 23-year-old man who had pleaded guilty to two offences of raping a child under the age of 13, one offence of meeting a child following sexual grooming, one offence of sexual activity with a child, and 10 offences of making an indecent photograph of a child.
CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 s.229 DANGEROUS OFFENDERS EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION RISK OF REOFFENDING Sch.15 SENTENCING UNDUE LENIENCY YOUNG GIRLS GROOMED FOR SEXUAL INTERCOURSE
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
A finding that a defendant did not pose a risk of serious harm to the public within the meaning of the Criminal Justice Act 2003 s.229 did not preclude the court from imposing a sexual offences prevention order under the Sexual Offences Act 2003 s.104 on that defendant.
CRIMINAL JUSTICE ACT 2003 s.229 EFFECT OF FINDING OF ABSENCE OF RISK OF SERIOUS HARM UNDER S.229 CRIMINAL JUSTICE ACT 2003 JURISDICTION RISK OF REOFFENDING s.104(1) s.106(3) s.224(3) s.225 Sch.3 SENTENCING SENTENCING POWERS SEXUAL ASSAULT SEXUAL OFFENCES ACT 2003 s.104 SEXUAL OFFENCES PREVENTION ORDERS
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