Although part of prosecuting counsel’s cross-examination of a rape defendant, related to bad character and based on inadmissible hearsay evidence, had been misjudged and regrettable, it had not affected the overall fairness of the proceedings or the safety of the verdict.
ADMISSIBILITY BAD CHARACTER CAUTIONS CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION DETENTION FOR PUBLIC PROTECTION EFFECT ON OVERALL FAIRNESS OF PROCEEDINGS AND SAFETY OF CONVICTION HEARSAY EVIDENCE INTRODUCTION OF INADMISSIBLE HEARSAY EVIDENCE DURING CROSS-EXAMINATION OF RAPE DEFENDANT RAPE SENTENCING SEXUAL ACTIVITY WITH CHILDREN YOUNG OFFENDERS
A discretionary life sentence with a minimum term of four years for offences of false imprisonment, committing an offence with intent to commit a sexual offence and sexual assault was manifestly excessive. Such a sentence was to be reserved for the gravest offences and a sentence of detention for public protection with a three-year minimum term was appropriate.
AGGRAVATING FEATURES APPROPRIATE MINIMUM TERM DETENTION FOR PUBLIC PROTECTION DISCRETIONARY LIFE IMPRISONMENT EXTENDED SENTENCES MINIMUM TERM OFFENDING ON LICENCE PUBLIC PROTECTION SENTENCING SERIOUSNESS OF OFFENCE SERIOUSNESS OF SEXUAL ASSAULT ON SCHOOLGIRL SEXUAL ASSAULT STARTING POINT VICTIM PERSONAL STATEMENTS WHETHER DISCRETIONARY LIFE SENTENCE MANIFESTLY EXCESSIVE YOUNG OFFENDERS
A sentence of detention for public protection with a minimum term of four years imposed on an offender for attempted rape and assault by penetration was unduly lenient and a minimum term of six years was substituted.
AGGRAVATING FEATURES APPROPRIATE MINIMUM TERM ASSAULT BY PENETRATION ATTEMPTS DETENTION FOR PUBLIC PROTECTION ELDERLY PERSONS MINIMUM TERM PERSISTENT OFFENDERS RAPE SENTENCING UNDUE LENIENCY YOUNG OFFENDERS
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.
APPROPRIATENESS OF EXTENDED SENTENCE ATTEMPTED RAPE AND VIOLENT ASSAULT OF VICTIM ATTEMPTS DANGEROUS OFFENDERS DETENTION FOR PUBLIC PROTECTION EXTENDED SENTENCES PUBLIC PROTECTION RAPE SENTENCING UNDUE LENIENCY YOUNG OFFENDERS
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