The court upheld an offender’s convictions for indecent assault and attempting to inflict grievous bodily harm committed against his younger brother when they were both under 18. It could not be said that the manner in which the trial was conducted by the offender’s own counsel was so flawed as to render his conviction unsafe.
ATTEMPTS AUTISTIC SPECTRUM DISORDER CRIMINAL EVIDENCE CRIMINAL PROCEDURE DEFENCE COUNSEL GRIEVOUS BODILY HARM INDECENT ASSAULT ORAL EVIDENCE PSYCHIATRIC EVIDENCE
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
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
A total sentence of eight years’ imprisonment for indecent assault and inflicting grievous bodily harm on an 83-year-old victim was manifestly excessive. The judge failed to give the appropriate discount for the defendant’s early pleas of guilty, and the indecent assault was not of the worst kind.
ALCOHOL ABUSE CRIMINAL LAW CRIMINAL RECORD DISCOUNT FOR EARLY GUILTY PLEAS EARLY GUILTY PLEAS ELDERLY PERSONS GBH GRIEVOUS BODILY HARM GUILTY PLEAS INDECENT ASSAULT MANIFESTLY EXCESSIVE SENTENCES SENTENCE MANIFESTLY EXCESSIVE SENTENCING
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