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Top Criminal Barrister QC and Leading Rape Defence Counsel

INDECENCY

July 12, 2019

A defendant had received a fair trial in a case concerning historical child sex offences where various pieces of contemporaneous evidence had been lost or destroyed. There was a substantial amount of additional material that could be used to test the reliability and credibility of the complainant, and the judge had given an impeccable direction to the jury to consider whether the defendant had been placed at a real disadvantage when they decided whether the prosecution had satisfied them of his guilt.

CHILD SEX OFFENCES CRIMINAL EVIDENCE DESTRUCTION OF EVIDENCE HISTORICAL OFFENCES INDECENCY INTERVIEW RECORDS PREJUDICE SUFFICIENCY OF EVIDENCE VIDEO EVIDENCE

November 23, 2018

Concurrent sentences of two years’ imprisonment for historic offences of indecent assault and indecency with a child committed against the offender’s sister when he was aged 14-16 were reduced to concurrent one-year sentences. The offender, now over 70, was gravely ill and nearing the end of his life, and the original sentence was, in justice and in mercy, longer than necessary.

ABSENCE CHILD SEX OFFENCES CRIMINAL PROCEDURE HISTORICAL OFFENCES ILL HEALTH INDECENCY INDECENT ASSAULT SENTENCE LENGTH SENTENCING YOUNG OFFENDERS

November 4, 2015

A sentence of six years’ imprisonment following convictions for historic charges of rape, indecency with a child and sexual assault, committed against a 13-year-old girl, was increased to 12 years’ imprisonment where the judge had departed from the sentencing guidelines without giving reasons for doing so and where the sentence imposed failed to reflect the totality of the offending.

“HISTORIC” OFFENCES AGGRAVATING FEATURES INDECENCY INDECENT ASSAULT OFFENCES AGAINST CHILDREN RAPE REASONS SENTENCING SENTENCING GUIDELINES STARTING POINT TOTALITY OF SENTENCE UNDUE LENIENCY

March 11, 2015

The court rejected a submission that photographs of young naked children could not be indecent as a matter of law: that question was for a jury to decide, and any categorisation of those photographs was only useful for sentencing purposes.

ADMISSIBILITY ALLEGATIONS OF CHILD SEX OFFENCES CRIMINAL EVIDENCE INDECENCY INDECENT PHOTOGRAPHS OF CHILDREN JURY DIRECTIONS SEXUAL OFFENCES WHETHER PHOTOGRAPHS OF NAKED CHILDREN INDECENT AS MATTER OF LAW AND ADMISSIBLE REGARDING PROPENSITY

September 5, 2014

A sentence of four years’ imprisonment imposed after trial for indecent assault was unduly lenient where the offender, who was akin to a stepfather to a seven-year-old child, had committed sexual acts against her, forcing her to perform oral sex on him. A sentence of seven years’ imprisonment was substituted.

CHILD SEX OFFENCES FOUR YEARS’ IMPRISONMENT INDECENCY INDECENT ASSAULT OFFENDER FORCING SEVEN-YEAR-OLD GIRL TO ENGAGE IN ORAL SEX s.9 SENTENCING SEXUAL OFFENCES ACT 2003 s.7 UNDUE LENIENCY

November 28, 2013

A 30-year delay on the part of a complainant did not render an offender’s convictions for indecent assault, indecency with a child, and rape unsafe as the judge had sufficiently dealt with any prejudice to the offender in his summing up and directions to the jury and there had been other evidence that supported the complainant’s evidence.

“HISTORIC” OFFENCES 30-YEAR DELAY BETWEEN INCIDENT GIVING RISE TO ALLEGATIONS AND COMPLAINANT’S ALLEGATIONS ABUSE OF PROCESS BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL LAW DELAY FAIRNESS INDECENCY INDECENT ASSAULT PREJUDICE TO OFFENDER PREVIOUS CONVICTIONS PROPENSITY RAPE SAFETY OF CONVICTIONS SEXUAL OFFENCES STAY OF PROCEEDINGS

October 17, 2013

A sentencing judge had been entitled to refuse to adjust a sentence for newly discovered offences of indecency with a child by reference to what the overall sentence would have been had all the circumstances been known during an earlier sentencing exercise for similar offences where the offender had chosen not to disclose the extent of his offending.

“HISTORIC” OFFENCES AGE CHILD SEX OFFENCES CONSECUTIVE SENTENCES CRIMINAL PROCEDURE INDECENCY INDICTMENTS NEWLY DISCOVERED OFFENCES OFFENDER PREVIOUSLY SENTENCED FOR ABUSING ANOTHER COMPLAINANT SENTENCING TOTALITY OF SENTENCE

October 9, 2013

A sentence of twelve months’ imprisonment, suspended for two years, for six counts of gross indecency with a child was unduly lenient where the offender’s lack of contrition had seriously aggravated his offending, and was replaced with two years and three months’ imprisonment, not suspended.

CHILD SEX OFFENCES GOOD CHARACTER INDECENCY INDECENT ASSAULT OFFENDER TAKING NAKED PHOTOGRAPHS OF CHILDREN SENTENCING SUSPENSION OF SENTENCE UNDUE LENIENCY

January 16, 2013

It had been open to a jury to be satisfied on the evidence that alleged historic child sexual abuse had continued into the period on the indictment. It was not open to the Court of Appeal to review the evidence and come to a different conclusion.

“HISTORIC” OFFENCES CHILD SEX OFFENCES CHILD SEXUAL OFFENCES COMMITTED 30 YEARS AGO COMMUNITY ORDERS CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 Pt 3 CRIMINAL PROCEDURE INDECENCY MATTERS FOR THE JURY NO CASE TO ANSWER POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.41 Pt 1 Pt 2 Pt 4 SENTENCING

July 4, 2012

A sentence of eight years’ imprisonment was the very minimum that the court could impose following a plea of guilty to the rape of a young boy, which had been committed in breach of trust and against a background of repeated and regular sexual abuse. The court would be sympathetic to those who had been abused themselves, but such abuse could not excuse a child victim turning adult predator. The sentence of four-and-a-half years’ imprisonment was unduly lenient.

ABUSE OF POSITION OF TRUST APPROPRIATE DETERMINATE SENTENCE INDECENCY INDECENT PHOTOGRAPHS OF CHILDREN RAPE REPEATED AND REGULAR SEXUAL ABUSE OF TWO CHILD VICTIMS OVER MANY YEARS BY OFFENDER WHO HAD ALSO BEEN ABUSED SENTENCE LENGTH SENTENCING SEXUAL ACTIVITY WITH CHILD FAMILY MEMBERS SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL GROOMING UNDUE LENIENCY YOUNG OFFENDERS

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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