DANGEROUS OFFENDERS

An extended sentence of 20 years’ imprisonment was appropriate for manslaughter where the defendant had also raped the victim twice, displayed a callous disregard for her and then lied, painting a false picture of what had happened, and did not have the benefit of a guilty plea.

An extended sentence of 20 years’ imprisonment was appropriate for manslaughter where the defendant had also raped the victim twice, displayed a callous disregard for her and then lied, painting a false picture of what had happened, and did not have the benefit of a guilty plea.

A discretionary life sentence imposed under the Powers of Criminal Courts (Sentencing) Act 2000 for assault on a child under 13 by penetration was not excessive. The offender was a predatory paedophile with previous convictions for sexual offences against children and the offence was of sufficient seriousness to warrant life imprisonment.

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.

The court set aside a sentence of imprisonment for public protection imposed on an offender who had been convicted of raping his two stepdaughters over a number of years. Although the offender was dangerous and posed a high risk of harm, the public could adequately be protected by the imposition of a 20-year extended sentence.

A six-year extended licence period, imposed upon an offender who had pleaded guilty to four sexual assaults, was excessive. A four-year extended licence, equivalent to the appropriate custodial term, was therefore imposed.

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.

An extended sentence comprising three years’ detention and an extended licence period of two years imposed on the offender in respect of an offence of attempted rape was unduly lenient. A sentence of detention for public protection was substituted.

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.