Stephen Vullo is a criminal barrister specialising in defending clients accused of serious sexual offences. The following is a round-up of court decisions relating to sentences of imprisonment imposed for \”public protection\”.
A sentence of imprisonment for public protection with a notional determinate sentence of 16 years’ imprisonment for rape, sexual assault and robbery, reduced to 12 years’ after credit for a guilty plea, was not manifestly excessive. The notional determinate sentence had been made to reflect all three offences, and there were significant aggravating factors which justified the high starting point.
AGGRAVATING FEATURES IMPRISONMENT FOR PUBLIC PROTECTION MINIMUM TERM RAPE ROBBERY SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT
An application for a writ of habeas corpus by a prisoner who had been sentenced to imprisonment for public protection when his offence pre-dated the coming into force of the Criminal Justice Act 2003 failed. The sentencing judge had had competent jurisdiction to direct both imprisonment and a minimum term. Her order could not, therefore, be ignored as a suspected nullity; it had to be obeyed unless and until it was set aside on appeal.
ABSENCE OF JURISDICTION CRIMINAL JUSTICE ACT 2003 Pt 12 s.225 CRIMINAL PROCEDURE HABEAS CORPUS IMPRISONMENT FOR PUBLIC PROTECTION POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.80 PRISON GOVERNORS RAPE OF CHILD UNDER 13 RELEASE ON LICENCE s.225 s.85 SENTENCING UNLAWFUL SENTENCES
A judge had not erred in imposing a sentence of imprisonment for public protection on an offender following his guilty pleas to a number of sexual assaults of children under 13. The imposition of an extended sentence, coupled with a sexual offences prevention order, would not have enabled an assessment to be made before release of the success or otherwise of any sex offender programme or other work undertaken in reducing the risk the offender presented.
APPROPRIATENESS OF IMPRISONMENT FOR PUBLIC PROTECTION CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 Pt 12 s.225 CRIMINAL JUSTICE AND IMMIGRATION ACT 2008 EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION INDECENT PHOTOGRAPHS OF CHILDREN RISK ASSESSMENT s.225 s.227 SENTENCING SEXUAL ASSAULT OF CHILD UNDER 13
A sentence of imprisonment for public protection, which had been unlawfully imposed following an offender’s guilty pleas to two offences of indecent assault committed before the Criminal Justice Act 2003 Pt 12 s.225 came into force, was quashed and replaced by an extended sentence.
CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 (COMMENCEMENT NO.8 AND TRANSITIONAL AND SAVING PROVISIONS) ORDER 2005 CRIMINAL JUSTICE ACT 2003 Pt 12 s.225 DANGEROUS OFFENDERS EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION INDECENT ASSAULT PENOLOGY AND CRIMINOLOGY POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.85 Pt 7 s.225 Sch.37 Pt 7 SENTENCING SEXUAL OFFENCES ACT 1956 s.14(1) SEXUAL OFFENCES PREVENTION ORDERS UNLAWFUL SENTENCES
The imposition of a sentence of imprisonment for public protection with a minimum term of four-and-a-half years following an offender’s conviction for rape and kidnapping could not be faulted, notwithstanding the judge’s failure to set out her reasons for rejecting an extended sentence in her sentencing remarks. An extended sentence had undoubtedly been discussed at the relevant time, and the offender, who posed a serious risk to vulnerable women, was unlikely to comply with the licence conditions under the extended sentence regime.
APPROPRIATENESS OF SENTENCE OF IMPRISONMENT FOR PUBLIC PROTECTION CRIMINAL JUSTICE ACT 2003 Pt 12 DANGEROUS OFFENDER POSING SERIOUS RISK TO VULNERABLE WOMEN DANGEROUSNESS EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION JUDGE FAILING TO SET OUT REASONS FOR REJECTING IMPOSITION OF EXTENDED SENTENCE IN SENTENCING REMARKS KIDNAPPING Pt 12 s.225 Pt 12 s.226 RAPE s.227 s.228 SENTENCING
Although imprisonment for public protection was a sentence of last resort, it was appropriate where there was nothing to say that the risk posed by a dangerous defendant would be significantly reduced by the time of the projected release date from a determinate or extended sentence.
ASSAULT OF CHILD UNDER 13 BY PENETRATION CRIMINAL JUSTICE ACT 2003 DANGEROUSNESS IMPRISONMENT FOR PUBLIC PROTECTION NO EVIDENCE THAT RISK POSED BY OFFENDER WOULD BE REDUCED BY RELEASE DATE RAPE OF CHILD UNDER 13 SENTENCING UNLAWFUL SENTENCES
An indeterminate sentence was quashed and replaced with an extended sentence of 12 years’ imprisonment, comprising a custodial term of seven-and-a-half years and an extended licence period of four-and-a-half years, following an offender’s conviction for rape. A pre-sentence report had detailed a significant change in the offender’s attitude towards the offence, in particular an acknowledgment of guilt.
EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION RAPE REAL PROGRESS MADE TOWARDS REDUCING RISK OF HARM TO PUBLIC SECOND OFFENCE OF RAPE SENTENCING SEXUAL OFFENCES
A judge could not be criticised for making a finding of dangerousness in respect of a man of previous good character who had repeatedly raped his wife. Imprisonment for public protection with a minimum term of eight years was not excessive. The fact that the offender had been brought up in Pakistan to believe that he had a right to rape his wife was no basis for leniency.
DANGEROUSNESS IMPRISONMENT FOR PUBLIC PROTECTION MINIMUM TERM RAPE REPEATED RAPE OF SPOUSE IN ARRANGED MARRIAGE SENTENCING SPOUSES WHETHER OFFENDER “DANGEROUS” OUTSIDE OF MARRIAGE WHETHER OFFENDER’S NON-BRITISH UPBRINGING ENTITLED HIM TO SENTENCING LENIENCY
The court set aside a sentence of imprisonment for public protection imposed on an offender who had been convicted of raping his two stepdaughters over a number of years. Although the offender was dangerous and posed a high risk of harm, the public could adequately be protected by the imposition of a 20-year extended sentence.
CHOICE OF IMPRISONMENT FOR PUBLIC PROTECTION OR EXTENDED SENTENCE DANGEROUS OFFENDERS EXTENDED SENTENCE OFFERING ADEQUATE PROTECTION AGAINST RISK EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION OFFENDER RAPING STEPDAUGHTERS RAPE SENTENCING STEPCHILDREN
A sentence of imprisonment for public protection with a minimum term of two years was appropriate in the case of an adult male who had pleaded guilty to attempting to foster an inappropriate relationship with an 11-year-old girl over internet.
ADULT MALE ATTEMPTING TO FOSTER INAPPROPRIATE RELATIONSHIP WITH 11-YEAR-OLD GIRL OVER INTERNET APPROPRIATE MINIMUM TERM ATTEMPTS CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 Pt 12 s.229(3) ENGAGING IN SEXUAL ACTIVITY IN PRESENCE OF CHILDREN IMPRISONMENT FOR PUBLIC PROTECTION INDECENT PHOTOGRAPHS OF CHILDREN MINIMUM TERM s.160(1) s.227 s.229(3) SENTENCE LENGTH SENTENCING
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