A sentence of 40 months’ imprisonment for conspiracy to traffic into the United Kingdom for sexual exploitation contrary to the Sexual Offences Act 2003 s.57 was excessive in light of a defendant’s lack of previous convictions, his young age, the limited scale of the criminal operation and his plea of guilty.
AGGRAVATING FEATURES CONSPIRACY GUILTY PLEAS s.52 SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.57 STARTING POINTS TRAFFICKING FOR SEXUAL EXPLOITATION
A judge had been wrong to undertake a trial of an issue concerning a defendant’s alleged conduct prior to an offence that had neither been admitted nor proved by verdict and further erred in using his findings against that defendant to form the basis of an assessment of dangerousness under the Criminal Justice Act 2003. However, in the circumstances, the judge was correct to impose imprisonment for public protection.
ASSESSMENT OF DANGEROUSNESS CHILD ABDUCTION CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 1991 s.2 CRIMINAL JUSTICE ACT 2003 s.229 CRIMINAL LAW DANGEROUSNESS GUILTY PLEAS IMPRISONMENT FOR PUBLIC PROTECTION LEGISLATIVE INTENTION Part 2 PSYCHIATRIC EVIDENCE RESTRICTIONS RISK OF REOFFENDING s.224(3) s.225 s.225(2) s.225(3) s.229(2) s.229(2)(b) s.229(2)(c) SENTENCE LENGTH SENTENCING SENTENCING WITHOUT PRIOR JUDGMENT SEXUAL ASSAULT TRIAL OF ISSUE CONCERNING PREVIOUS ALLEGATIONS TRIAL WITHOUT JURY TRIALS OF ISSUE
A sentence of four years’ imprisonment imposed for breach of an antisocial behaviour order was reduced where the sentencing judge had failed to give the appropriate discount for an early guilty plea.
ANTISOCIAL BEHAVIOUR ORDERS BREACH ENGAGING IN SEXUAL ACTIVITY IN PRESENCE OF CHILDREN GUILTY PLEAS INDECENT EXPOSURE IN BREACH OF ANTISOCIAL BEHAVIOUR ORDER SENTENCE LENGTH SENTENCING
The absolute discharge of a mentally-impaired defendant following convictions for indecent assault committed many years in the past was unduly lenient in that it failed sufficiently to take into account the interests of the victims.
“HISTORIC” OFFENCES ABSOLUTE DISCHARGE APPROPRIATE DISPOSAL TO REFLECT VICTIMS’ INTERESTS COMMUNITY REHABILITATION ORDERS COMMUNITY SENTENCE DIGITAL PENETRATION DIGITAL PENETRATION OF VICTIMS’ VAGINAS GUILTY PLEAS INDECENT ASSAULT MENTAL IMPAIRMENT MENTALLY-IMPAIRED OFFENDER SENTENCING UNDUE LENIENCY 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
A sentence of three years and ten months’ imprisonment on one count of rape and two counts of indecent assault, which represented a course of conduct of abuse by a father against a daughter, was unduly lenient.
AGGRAVATING FEATURES CHILD VICTIMS CHILDREN COURSE OF CONDUCT CRIMINAL PROCEDURE DOUBLE JEOPARDY GUILTY PLEAS INCORRECT EVIDENCE ON WHICH TO BASE SENTENCE INDECENT ASSAULT PARENTS PERIOD OF TIME RAPE REPEATED OFFENCES AGAINST DAUGHTER S.36 CRIMINAL JUSTICE ACT 1988 SENTENCING SEXUAL OFFENCES UNDUE LENIENCY
Where a defendant made admissions of offences to a probation officer those admissions could be relied on by the prosecution. Although those situations would be unusual, the court could provide sufficient protection to the defendant to prevent unfairness.
ADMISSIBILITY ADMISSIONS MADE IN INTERVIEWS WITH PROBATION OFFICERS AGREED BASIS CONFESSIONS CONVICTION SAFE CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE GUILTY PLEAS INDECENT ASSAULTS INTERVIEWS JUDGE’S DISCRETION OFFENDERS PACE 1984 POLICE AND CRIMINAL EVIDENCE ACT 1984 s.78 POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 PRE-SENTENCE REPORTS PROBATION OFFICERS PUBLIC POLICY RAPES S.78 POLICE AND CRIMINAL EVIDENCE ACT 1984 UNFAIRNESS
An eight-year sentence was unduly lenient for two offences of rape where the victim was a child who had been in a position of trust vis-à-vis the offender. A three-year community rehabilitation order was unduly lenient for offences of indecent assault and indecency with a child. A six-month sentence coupled with an extended licence period of two years was unduly lenient for three counts of indecent assault against a child.
“HISTORIC” OFFENCES AGGRAVATING FEATURES APPLICATION OF RAPE SENTENCING GUIDANCE TO OTHER SEXUAL OFFENCES ATTORNEY GENERAL’S REFERENCE BREACH OF TRUST CHILDREN COMMUNITY REHABILITATION CRIMINAL JUSTICE ACT 1988 s.36 CRIMINAL LAW CRIMINAL PROCEDURE DAUGHTERS DOUBLE JEOPARDY GUILTY PLEAS INDECENT ASSAULT POSITION OF AUTHORITY POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 PREVIOUS OFFENCES RAPE S.36 CRIMINAL JUSTICE ACT 1988 SENTENCING SEXUAL OFFENCES SUBSTITUTION UNDULY LENIENT YOUNG GIRLS
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