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Top Criminal Barrister QC and Leading Rape Defence Counsel

GUILTY PLEAS

May 31, 2019

A custodial sentence of 9 years and 6 months and a further probation period of one year imposed on a 91-year-old former monk for historical offences of indecent assault, buggery and attempted buggery was unduly lenient, and was replaced with a custodial term of 12 years.

AGE BUGGERY CHILD SEX OFFENCES DELAY GUILTY PLEAS HISTORICAL OFFENCES INDECENT ASSAULT NORTHERN IRELAND PROBATION ORDERS REDUCTION OF SENTENCE SENTENCING UNDUE LENIENCY

February 16, 2018

Where an offender had distributed an indecent photograph of a girl under the age of 18 contrary to the Protection of Children Act 1978 s.1(1)(b), but it was unclear if the girl was under 16, a notification requirement should not have been imposed on him. He had not been convicted of an offence listed within the Sexual Offences Act 2003 Sch.3, which was necessary to impose a notification requirement. There was a clear discrepancy between those provisions, and the court would have to be alive to that discrepancy when discharging its duty under the Criminal Procedure Rules and, if necessary, decide whether a child’s exact age could be resolved.

CRIMINAL PROCEDURE GUILTY PLEAS INDECENT PHOTOGRAPHS OF CHILDREN NOTIFICATION REQUIREMENTS PERMISSION TO APPEAL SEX OFFENDERS REGISTER

January 29, 2015

A sentence of seven years and two months’ imprisonment following late guilty pleas to three counts of rape was increased to 10 years where the sentencing judge had taken a starting point that had been too low and had given too great a discount for the offender’s pleas and previous good character.

GUILTY PLEAS RAPE SENTENCING STARTING POINT UNDUE LENIENCY

August 19, 2014

Where an offender made indecent images of children at a variety of levels of seriousness, a sentence was to be imposed on the most serious category of counts, taking into account the totality of the offending and having regard to aggravating and mitigating factors, before credit was given for any guilty pleas. Concurrent sentences were then to be imposed on the remaining counts.

CHANGE OF PLEA CONCURRENT SENTENCES GUILTY PLEAS INDECENT PHOTOGRAPHS OF CHILDREN REDUCTION OF SENTENCE SENTENCING

July 31, 2014

It was not arguable that either a total sentence of 29 years’ custody with an extended licence period of six years imposed on a former rock band singer for various sexual offences against children and young persons, or a total sentence of 17 years’ imprisonment imposed on a woman who had allowed the singer to sexually assault her 12-month-old baby daughter, were manifestly excessive.

CHILD SEX OFFENCES CONSPIRACY GUILTY PLEAS INCLUDING ASSAULT BY PENETRATION AND CONSPIRACY TO RAPE 12-MONTH-OLD CHILD RAPE OF CHILD UNDER 13 SENTENCE LENGTH SENTENCING SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL ASSAULTS OF CHILDREN TOTALITY OF SENTENCE

May 16, 2014

An offender seeking to challenge his conviction for indecent assault on the ground that his actions had been the result of hypoglycaemia caused by his type 1 diabetes could not admit fresh expert evidence where it failed to deal the question at issue, namely, whether he had only recalled the assaults during his police interview because his solicitors had taken him through the disclosure document beforehand.

AUTOMATISM CHILD SEX OFFENCES CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE DIABETES EXPERT EVIDENCE FRESH EVIDENCE GUILTY PLEAS HYPOGLYCAEMIA INDECENT ASSAULT

July 26, 2013

A sentence of 15 months’ imprisonment imposed for 14 historic indecent assaults was unduly lenient and was increased to one of 30 months. Even though the offender, a highly regarded television and radio presenter with no previous convictions, was 83 years old, in poor health, and had not offended for over 25 years, the original sentence did not reflect the offences’ criminality given their lifelong impact on the victims and public concern over sexual crimes against children and young victims.

“HISTORIC” OFFENCES ABUSE OF POSITION OF TRUST AGE AGGRAVATING FEATURES CHILD SEX OFFENCES CONSIDERATION OF VICTIMS’ WISHES DOUBLE PUNISHMENT ELDERLY MAN GUILTY OF 14 HISTORIC SEXUAL ASSAULTS ON GIRLS GUILTY PLEAS INDECENT ASSAULT MANIPULATION OF MEDIA MITIGATION PUBLIC INTEREST SENTENCING UNDUE LENIENCY VICTIMS

June 10, 2011

Evidence which was sought to be admitted under the Criminal Justice Act 2003 s.101(1)(d) as evidence of propensity was not inadmissible simply because the behaviour it evidenced post-dated the offences being tried.

ADMISSIBILITY BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(d) EVIDENCE OF PROPENSITY GUILTY PLEAS GUILTY PLEAS TO OFFENCES CONCERNING INDECENT IMAGES OF CHILDREN ADDUCED IN SUBSEQUENT TRIAL FOR INDECENT ASSAULT INDECENT ASSAULT INDECENT IMAGES OFFENCES POST-DATING ALLEGED INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN PROPENSITY s.101(3) s.103(1)(a)

April 15, 2010

Given a defendant’s early guilty plea to 10 counts of indecent assault committed against his step-children, a total sentence of 13 years’ imprisonment was manifestly excessive and a total sentence of 11 years’ imprisonment was substituted.

APPROPRIATENESS OF TOTALITY OF SENTENCE CHILD SEX OFFENCES GUILTY PLEAS INDECENT ASSAULT OFFENCES COMMITTED AGAINST STEP-CHILDREN SENTENCE LENGTH SENTENCING SEXUAL OFFENCES ACT 1956 TOTALITY OF SENTENCE VERY EARLY GUILTY PLEA

November 27, 2007

Where a judge had given a direction to the jury that it was not to convict the defendant only on the basis of his similar previous conviction and, looking at the matter overall, the judge had properly admitted evidence of the previous conviction under the Criminal Justice Act 2003 s.101(1)(g).

ADMISSIBILITY ADMISSION OF EVIDENCE OF PREVIOUS CONVICTION UNDER S.101(1)(G) CRIMINAL JUSTICE ACT 2003 APPROPRIATENESS OF ADMISSION IN LIGHT OF RELEVANT JURY DIRECTION CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(d) CRIMINAL PROCEDURE GUILTY PLEAS JURY DIRECTIONS PREVIOUS CONVICTIONS s.101(1)(g) s.101(3) s.101(4) s.103 SEXUAL OFFENCES ACT 2003

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"HISTORIC" OFFENCES ABUSE OF POSITION OF TRUST ADMISSIBILITY AGGRAVATING FEATURES ASSAULT BY PENETRATION ATTEMPTS BAD CHARACTER BUGGERY CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILDREN CHILD SEX OFFENCES CONSENT CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE CROSS-EXAMINATION DANGEROUSNESS DELAY EXTENDED SENTENCES FRESH EVIDENCE GUILTY PLEAS HUMAN RIGHTS IMPRISONMENT FOR PUBLIC PROTECTION INCONSISTENT VERDICTS INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN JURY DIRECTIONS MINIMUM TERM PREVIOUS CONVICTIONS RAPE RAPE OF CHILD UNDER 13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS SUMMING UP TOTALITY OF SENTENCE UNDUE LENIENCY YOUNG OFFENDERS