A Lucas direction would not have been appropriate, or helpful to the defendant. where an allegation of sexual assault turned wholly on the jury’s assessment of the respective credibility of the defendant and the complainant.
CHARACTER CRIMINAL EVIDENCE CRIMINAL PROCEDURE DOMESTIC VIOLENCE AND ABUSE FALSE STATEMENTS JURY DIRECTIONS LUCAS DIRECTIONS SEXUAL ASSAULT
A sentence of four months’ imprisonment for assault by penetration by an individual against his partner of 23 years was unduly lenient; offences committed in the domestic context were no less serious than those committed in a non-domestic context. The sentence was quashed and was replaced by one of 21 months’ imprisonment suspended for 24 months.
ASSAULT BY PENETRATION DOMESTIC VIOLENCE AND ABUSE REASONS SENTENCING SENTENCING GUIDELINES UNDUE LENIENCY
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