FALSE IMPRISONMENT

April 29, 2015

A judge had erred in focusing on the risk an offender posed to the public, rather than the seriousness of the offences, when imposing what was in effect a whole life order for multiple counts of rape and further counts of kidnapping and causing grievous bodily harm with intent. The very high test of exceptionality for whole life orders had not been fulfilled but, given the aggravating features of the case, a notional determinate sentence beyond the sentencing guideline range was justified.

CRIMINAL LAW FALSE IMPRISONMENT GRIEVOUS BODILY HARM KIDNAPPING LIFE IMPRISONMENT MINIMUM TERM POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.82A(4) RAPE s.47 s.82A SENTENCING SERIOUSNESS OF OFFENCE WHOLE LIFE ORDERS

May 22, 2014

A judge had not failed to direct a jury properly on the burden and standard of proof in relation to offences of false imprisonment, assault occasioning bodily harm and rape where he had effectively directed the jury that they had to make a choice whether to believe the evidence of the complainant or the defendants.

ACTUAL BODILY HARM ASSAULT BURDEN OF PROOF CRIMINAL EVIDENCE FALSE IMPRISONMENT RAPE STANDARD OF PROOF SUMMING UP

July 29, 2013

A judge receiving fresh prosecution evidence during the course of a trial might have put undue pressure on a defendant to change his plea by indicating that he would give a reasonable amount of credit if he did so. However, the incident could not lay the foundation for an allegation of bias because the defendant had continued to maintain his innocence and the judge had continued to conduct the trial entirely fairly.

ADMISSIBILITY BIAS CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(d) CRIMINAL PROCEDURE FALSE IMPRISONMENT FRESH EVIDENCE JUDGE RECEIVING FRESH EVIDENCE INDICATING REASONABLE CREDIT WOULD BE GIVEN IF DEFENDANT CHANGED PLEA JUDICIAL INDICATIONS JURY DIRECTIONS PROPENSITY SEXUAL ASSAULT SUMMING UP WHETHER JUDGE BIASED

July 2, 2009

Sentences of nine and six years’ detention for two young offenders convicted of rape and, in one case, grievous bodily harm were unduly lenient where the female victim, who was just 16, had been subjected to a group sex attack and had caustic soda thrown over her. The sentences were increased to 14 and 9 years’ detention.

FALSE IMPRISONMENT GANGS GRIEVOUS BODILY HARM KIDNAPPING RAPE SENTENCE LENGTH SENTENCING UNDUE LENIENCY VICTIM SUBJECTED TO GROUP SEX ATTACK AND SEVERELY INJURED YOUNG OFFENDERS

February 20, 2004

The defendant’s conviction was unsafe as the judge had wrongly refused an application for leave to cross-examine the victim, and had put to the defendant, evidence of previous sexual acts of a similar nature. The judge’s attention had wrongly been drawn to s.41(3)(c)(ii) Youth Justice and Criminal Evidence Act 1999 when the matter should have been considered under s.41(3)(c)(i).

COMPLAINANT’S PREVIOUS SIMILAR CONSENSUAL BEHAVIOUR WITH ACCUSED CONSENT CRIMINAL EVIDENCE CROSS EXAMINATION ON PREVIOUS CONSENSUAL SEXUAL BEHAVIOUR CROSS-EXAMINATION EVIDENCE FALSE IMPRISONMENT INDECENT ASSAULT RAPE s.14(2) s.41 s.41(1) s.41(1)(2) s.41(2) s.41(3)(a) s.41(3)(b) s.41(3)(c) S.41(3)(C) YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.41(3)(c)(i) s.43(3)(ii) SEXUAL BEHAVIOUR SEXUAL OFFENCES SIMILAR CONSENSUAL SEXUAL BEHAVIOUR STRIKING SIMILARITY TIME YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 S.41(3)(C)(I) AND (II) YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.41(3)(c)(ii)

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