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Top Criminal Barrister QC and Leading Rape Defence Counsel

CRIMINAL LAW

January 31, 2019

A total extended sentence of seven years and six months’ imprisonment for historic offences of attempted buggery, indecency with a child and indecent assault on a man committed by an individual aged 20-25 against his neighbour aged 10-14, whilst lenient, was not unduly so. Although aspects of the judge’s reasoning had been flawed, the offences had very unpleasant features and there had been an element of grooming, no violence had been used.

AGGRAVATING FEATURES ASSAULT OF CHILD UNDER 13 BY PENETRATION ATTEMPTS BUGGERY CRIMINAL LAW HISTORICAL OFFENCES MAXIMUM SENTENCES RAPE OF CHILD UNDER 13 SENTENCING SENTENCING GUIDELINES STARTING POINT TOTALITY OF SENTENCE UNDUE LENIENCY

January 28, 2019

The General Pharmaceutical Council’s Fitness to Practice Committee had been entitled to remove a locum from the register of pharmacists where it had used its expertise and experience to form the view that there was a risk that he would repeat behaviour that had led him to commit serious sexual offences and where he had shown little insight into his conduct.

CRIMINAL LAW FITNESS TO PRACTISE GENERAL PHARMACEUTICAL COUNCIL HEALTH PHARMACEUTICALS PHARMACISTS PROFESSIONS SEXUAL OFFENCES

December 14, 2018

A member of a group under police surveillance who had entered into a sexual relationship with an undercover police officer was unable to establish that her lack of knowledge as to the officer’s true identity vitiated her consent to sexual relations within the meaning of the Sexual Offences Act 2003 s.74. There was no justification for extending the common law position as contended for by the claimant, namely that the matter to which the deception related had to be sufficiently serious in objective terms as to be capable of being regarded as relevant to a woman’s decision-making and that, subjectively, the deception went to a matter which the woman regarded as critical or fundamental to her decision-making.

CONSENT CRIMINAL LAW CRIMINAL PROCEDURE DECISIONS TO PROSECUTE MISCONDUCT IN PUBLIC OFFICE POLICE POLICE OFFICERS PROCURING INTERCOURSE RAPE

October 10, 2018

In imposing a 12-month period of suspension on a solicitor sentenced to a 12-month community order and a five-year notification requirement on the sex offenders register for convictions of sexual assault and racially aggravated assault, the Solicitors Disciplinary Tribunal had erred in its failure to consider the period of suspension necessary to protect the reputation of the profession and the public confidence in the profession, and in taking into account the period for which the solicitor had not been able to practise prior to an order of the court being made.

AGGRAVATED ASSAULT CRIMINAL LAW LEGAL PROFESSION PROFESSIONAL CONDUCT RACIALLY AGGRAVATED OFFENCES REPUTATION SEXUAL ASSAULT SOLICITORS SOLICITORS DISCIPLINARY TRIBUNAL SUSPENSION

June 7, 2018

The Northern Ireland Human Rights Commission had no standing to seek a declaration that abortion law in Northern Ireland was incompatible with ECHR art.3 and art.8 because it had not instituted proceedings by identifying any unlawful act or any actual or potential victim. Although the Supreme Court therefore had no jurisdiction to make a declaration of incompatibility, it considered that the current law was disproportionate and incompatible with art.8 insofar as it prohibited abortion in cases of fatal foetal abnormality and where pregnancy resulted from rape or incest.

ABORTION art.8 CRIMINAL LAW DECLARATIONS OF INCOMPATIBILITY ECHR 1950 art.3 HEALTH INCEST INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT JURISDICTION LOCUS STANDI NORTHERN IRELAND NORTHERN IRELAND HUMAN RIGHTS COMMISSION OFFENCES AGAINST THE PERSON RAPE RIGHT TO LIFE RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE

November 30, 2015

The failure to provide exceptions to the law in Northern Ireland prohibiting abortion in respect of fatal foetal abnormality at any time, and pregnancies due to sexual crime up to the date when a foetus became capable of an existence independent of its mother, was contrary to the ECHR art.8.

ABORTION art.12 art.14 art.2 art.34 art.46 art.6 art.8 art.8(1) CORONERS ACT (NORTHERN IRELAND) 1959 1959 CORONERS ACT (NORTHERN IRELAND) 1959 s.14(1) CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1945 s.25 CRIMINAL LAW DISCRIMINATION ECHR 1950 art.1 EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.3 HUMAN RIGHTS INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT NORTHERN IRELAND OFFENCES AGAINST THE PERSON ACT 1861 s.58 PROHIBITION ON TERMINATION OF PREGNANCY WITH FATAL FOETAL ABNORMALITY OR WHERE PREGNANCY RESULTED FROM SEXUAL CRIME RAPE RIGHT TO LIFE RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.25(1) s.59 WHETHER BREACH OF ART.8 ECHR

November 18, 2015

A conviction for sexual offences against a child was safe, as medical evidence adduced as fresh had not permitted confident review of a previous diagnosis so as to describe it as ill-founded; taken at its highest it neither supported nor refuted the allegations against the offender. The defence was still that any abuse was perpetrated by another and the jury had decided on the non-medical evidence.

CHILDREN CONVICTION FOR SEXUAL OFFENCES AGAINST CHILD CRIMINAL EVIDENCE CRIMINAL LAW EFFECT OF FRESH MEDICAL EVIDENCE FRESH EVIDENCE GROSS INDECENCY INDECENT ASSAULT MEDICAL EVIDENCE RAPE

July 17, 2015

When dismissing an appeal against conviction for sexual activity involving children, including rape and trafficking within the UK for sexual exploitation, the court considered the issue of consent. Where a vulnerable or immature individual had allegedly been subjected to grooming for sexual purposes, the question of whether real or proper consent had been given would usually be for the jury to decide, unless the evidence clearly indicated that proper consent had been given.

CONSENT CRIMINAL LAW CRIMINAL PROCEDURE DE MINIMIS ENGAGING IN SEXUAL ACTIVITY IN PRESENCE OF CHILDREN GROOMING OF VULNERABLE OR IMMATURE PERSONS FOR SEXUAL PURPOSES INDECENT PHOTOGRAPHS OF CHILDREN RAPE REAL OR PROPER CONSENT s.1 s.1(1) s.10 s.101 s.11(1) s.3 s.58 s.58(1)(a) s.59A s.9 SENTENCING SEXUAL OFFENCES ACT 2003 s.58(1) TRAFFICKING FOR SEXUAL EXPLOITATION YOUNG OFFENDERS

July 9, 2015

Bad character evidence in respect of complainants in sexual assault allegations had been properly excluded where a judge had decided that it lacked substantial probative value as it did not establish a propensity towards general untruthfulness. That exclusion avoided the inevitable, grossly prejudicial, admission of the accused’s previous convictions for sexual offences.

ADMISSIBILITY ATTACKS ON CHARACTER BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.100 CRIMINAL LAW PREVIOUS CONVICTIONS Pt 1 s.100(1)(b) s.101 s.101(1)(d) s.101(1)(g) s.3 SEX OFFENDERS SEXUAL ASSAULT WHETHER JUDGE PROPERLY EXCLUDED COMPLAINANTS’ BAD CHARACTER EVIDENCE

June 23, 2015

The Northern Ireland Public Prosecution Service had not erred in making a decision not to prosecute an alleged rape of a 14-year-old boy with moderate learning difficulties; there was a clear factual basis for the finding that there were insufficient grounds to mount a prosecution.

CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE DECISIONS TO PROSECUTE PROSECUTION EVIDENCE QUASHING ORDERS RAPE OF CHILD UNDER 13 SUFFICIENCY OF EVIDENCE

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"HISTORIC" OFFENCES ABUSE OF POSITION OF TRUST ADMISSIBILITY AGGRAVATING FEATURES ASSAULT BY PENETRATION ATTEMPTS BAD CHARACTER BUGGERY CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILDREN CHILD SEX OFFENCES CONSENT CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE CROSS-EXAMINATION DANGEROUSNESS DELAY EXTENDED SENTENCES FRESH EVIDENCE GUILTY PLEAS HUMAN RIGHTS IMPRISONMENT FOR PUBLIC PROTECTION INCONSISTENT VERDICTS INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN JURY DIRECTIONS MINIMUM TERM PREVIOUS CONVICTIONS RAPE RAPE OF CHILD UNDER 13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS SUMMING UP TOTALITY OF SENTENCE UNDUE LENIENCY YOUNG OFFENDERS