Two convictions for rape were safe where a judge had admitted evidence of an offender’s single previous conviction for sexual assault. The offences all demonstrated sufficiently unusual behaviour, capable of demonstrating the offender’s propensity to commit offences of the kind charged, to permit admission under the bad character provisions of the Criminal Justice Act 2003.
BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 PREVIOUS CONVICTIONS RAPE SEXUAL ASSAULT
A sentence of four years’ imprisonment was appropriate for an offence of sexual assault where the offender had pretended to be a taxi-driver, targeting lone, drunken females, and where he had prevented his victim from leaving his car before taking her to a dark area to assault her in extremely frightening circumstances. As the force was minimal and there was no attempt to undress his victim or degrade her in any way, a sentence of six years’ imprisonment was too long.
AGGRAVATING FEATURES CRIMINAL JUSTICE ACT 2003 DANGEROUSNESS DRUNKEN FEMALES TARGETED BY PRETEND TAXI-DRIVER LONE MINIMAL FORCE AND NO UNDRESSING OR DEGRADATION INVOLVED SENTENCING SEXUAL ASSAULT TAXIS TOTALITY OF SENTENCE VICTIM TAKEN TO DARK AREA AND PREVENTED FROM LEAVING VEHICLE
Although imprisonment for public protection was a sentence of last resort, it was appropriate where there was nothing to say that the risk posed by a dangerous defendant would be significantly reduced by the time of the projected release date from a determinate or extended sentence.
ASSAULT OF CHILD UNDER 13 BY PENETRATION CRIMINAL JUSTICE ACT 2003 DANGEROUSNESS IMPRISONMENT FOR PUBLIC PROTECTION NO EVIDENCE THAT RISK POSED BY OFFENDER WOULD BE REDUCED BY RELEASE DATE RAPE OF CHILD UNDER 13 SENTENCING UNLAWFUL SENTENCES
Where a trial proceeded on the basis that different counts of criminal liability required separate consideration and there was a difference in the cogency of detail in the evidence on the different counts, a decision of the jury was not unlawful due to inconsistency where an offender was found guilty on a count of indecency with a child but acquitted on counts of rape.
CHILD SEX OFFENCES CONSISTENCY OF JURY VERDICTS CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 CRIMINAL PROCEDURE INCONSISTENT VERDICTS JURIES MULTIPLE COUNTS OF CRIMINAL LIABILITY SENTENCING STRENGTH OF EVIDENCE SUMMING UP SUSPENDED SENTENCES WITNESSES
A judge had correctly imposed a sentence of imprisonment for public protection upon an offender who had committed a series of sexual assaults against several girls under the age of 13. However, given the non-penetrative nature of the offences, a minimum term of six years was too long and was replaced with a minimum of four years.
ASSESSMENT OF APPROPRIATE MINIMUM TERM CHILDREN CRIMINAL JUSTICE ACT 2003 EXPOSURE IMPRISONMENT FOR PUBLIC PROTECTION MINIMUM TERM MULTIPLE OFFENDING POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.82A s.104 s.7(1) SENTENCING SEXUAL ASSAULT SEXUAL ASSAULT UPON CHILDREN UNDER 13 YEARS SEXUAL OFFENCES ACT 2003 s.66
The court considered and gave guidance on the principles applicable to the new mandatory sentencing provisions for the protection of the public from dangerous offenders contained in Criminal Justice Act 2003 s.224 to s.229 and the factors that judges should take into account when deciding whether one of the new sentences must be imposed.
CRIMINAL JUSTICE ACT 2003 CRIMINAL JUSTICE ACT 2003 s.143(3) CRIMINAL LAW DANGEROUS OFFENDERS LIFE IMPRISONMENT MANDATORY SENTENCING PROVISIONS UNDER S.224 TO S.229 CRIMINAL JUSTICE ACT 2003 MANDATORY SENTENCING PROVISIONS UNDER THE CRIMINAL JUSTICE ACT 2003 S.224 TO S.229 para.38(b) para.4 Parts POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.82A PUBLIC PROTECTION RISK OF REOFFENDING s.143(1) s.143(2) s.153(2) s.174(1)(a) s.189 s.224 S.224 CRIMINAL JUSTICE ACT 2003 s.224(2)(b) s.224(3) s.225 s.225(1) s.225(2) s.225(2)(b) s.225(3) s.225(4) s.226 s.226(1) s.226(2) s.226(2)(b) s.227 s.227(2) s.227(2)(b) s.227(3)(b) s.227(4) s.228 s.229 S.229 CRIMINAL JUSTICE ACT 2003 s.229(2) s.229(3) s.240 s.3 s.5 S.82A POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.82A(4) s.82A(4A) s.85 s.96 SCH.15 CRIMINAL JUSTICE ACT 2003 Sch.18 para.4 Sch.32 para.38(b) SENTENCING SENTENCING GUIDELINES SEXUAL OFFENCES SPECIFIED OFFENCES VIOLENT OFFENCES
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.