INCEST

June 7, 2018

The Northern Ireland Human Rights Commission had no standing to seek a declaration that abortion law in Northern Ireland was incompatible with ECHR art.3 and art.8 because it had not instituted proceedings by identifying any unlawful act or any actual or potential victim. Although the Supreme Court therefore had no jurisdiction to make a declaration of incompatibility, it considered that the current law was disproportionate and incompatible with art.8 insofar as it prohibited abortion in cases of fatal foetal abnormality and where pregnancy resulted from rape or incest.

ABORTION art.8 CRIMINAL LAW DECLARATIONS OF INCOMPATIBILITY ECHR 1950 art.3 HEALTH INCEST INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT JURISDICTION LOCUS STANDI NORTHERN IRELAND NORTHERN IRELAND HUMAN RIGHTS COMMISSION OFFENCES AGAINST THE PERSON RAPE RIGHT TO LIFE RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE

August 6, 2015

An immediate 15-month custodial sentence imposed on a 68-year-old man in respect of offences of incest and indecent assault which he had committed against his younger sister when aged 15 was replaced with a community penalty. The judge had been misled by not being referred to the relevant guidelines for sentencing youths, and he had not been justified in imposing a far harsher sentence than would have been imposed if the offender had been a 15-year-old boy at the time of sentencing.

“HISTORIC” OFFENCES APPROPRIATENESS OF CUSTODIAL SENTENCE IMPOSED ON 68-YEAR-OLD MAN FOR CHILD SEX OFFENCES COMMITTED WHEN 15 CHILDREN AND YOUNG PERSONS ACT 1933 s.41 CUSTODIAL SENTENCES INCEST INDECENT ASSAULT SENTENCING SENTENCING GUIDELINES YOUNG OFFENDERS

July 1, 2014

In a trial of charges of sexual offences against the defendant’s daughter and granddaughter, the judge had been entitled to rule that the complainants’ various complaints were mutually cross-admissible. Further, the complainants’ evidence had not been contaminated.

ADMISSIBILITY AGE CONTAMINATED EVIDENCE CRIMINAL EVIDENCE FRESH EVIDENCE ILL HEALTH INCEST INDECENT ASSAULT RAPE SENTENCE LENGTH SENTENCING

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