When an offender was sentenced for historic sexual offences, he was not to be sentenced on any count to more than the maximum term available at the time of the offending. That said, sentencing had to reflect modern attitudes, and the court could take account of modern sentencing guidelines.
“HISTORIC” OFFENCES BAD CHARACTER CONDUCT EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.7 HISTORICAL OFFENCES INDECENT ASSAULT MODERN SENTENCING GUIDELINES NO PUNISHMENT WITHOUT LAW s.14 SENTENCE LENGTH SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 1956 s.14(1) SEXUAL OFFENCES ACT 2003 s.72 VICTIM IMPACT
Not guilty verdicts returned by a jury in respect of two of five counts of historic indecent assault did not demonstrate that the judge’s refusal to stay the prosecution on the ground of abuse of process due to delay and the consequent loss of evidence was mistaken, or that the verdicts were illogical or in any other way unsafe.
“HISTORIC” OFFENCES ABUSE OF PROCESS CRIMINAL EVIDENCE CRIMINAL PROCEDURE HISTORIC INDECENT ASSAULT ALLEGATIONS INDECENT ASSAULT MINISTERS OF RELIGION PREJUDICE REFUSAL TO STAY PROSECUTION ON GROUNDS OF DELAY AND CONSEQUENT LOSS OF EVIDENCE SENTENCE LENGTH SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 1956 s.15(1) STAY OF PROCEEDINGS
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
A suspended sentence for seven offences of indecent assault on step-siblings of a very young age, carried out over a protracted period some 20 years earlier, had not been unduly lenient. The interruption to the offender’s treatment programme that an immediate custodial sentence would cause, and the potential resulting exacerbation of the situation, amounted to an exceptional circumstance justifying the suspended sentence under the Powers of Criminal Courts (Sentencing) Act 2000 s.118.
“HISTORIC” OFFENCES CHILD SEX OFFENCES CHILDREN CRIMINAL JUSTICE ACT 2003 s.142 INDECENT ASSAULT POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.118 SENTENCING SUSPENDED SENTENCE FOR HISTORIC OFFENCES COMMITTED AGAINST STEP-SIBLINGS SUSPENDED SENTENCES UNDUE LENIENCY YOUNG OFFENDERS
Although a judge had erred in not distinguishing between contemporaneous evidence and that which occurred some years after the relevant events, and in directing that a complainant’s evidence of distress could be corroborative of an allegation of indecent assault, any misdirections were immaterial and could not affect the safety of the appellant’s conviction.
ADMISSIBILITY CORROBORATION CRIMINAL EVIDENCE EVIDENCE OF DISTRESS INDECENT ASSAULT JURY DIRECTIONS MISDIRECTIONS MISDIRECTIONS ON LAW
Where an offender had been convicted of historic sexual offences in respect of his step-daughter, who was five or six years’ old at the time of the abuse, the appropriate sentence was a term of five years’ imprisonment. The key to the sentencing exercise in such cases was to assess the harm from the offending and the culpability of the offender, taken with any aggravating and mitigating factors, while always bearing in mind the statutory maximum at the relevant time.
“HISTORIC” OFFENCES APPROPRIATE SENTENCE LENGTH BREACH OF TRUST CHILD SEX OFFENCES CHILDREN CRIMINAL APPEAL ACT 1968 s.23 INDECENT ASSAULT s.23(2)(a) s.23(2)(d) SENTENCE LENGTH SENTENCING WHETHER VERDICTS UNSAFE ON BASIS OF NEW EVIDENCE NOT AVAILABLE AT TIME OF TRIAL
The court gave guidance on a jury direction required in relation to establishing the elements of the offence of indecent assault.
CRIMINAL LAW CRIMINAL PROCEDURE INDECENT ASSAULT JURY DIRECTIONS SEXUAL OFFENCES SEXUAL OFFENCES ACT 1956 s.14(1) UNSAFE CONVICTIONS
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
A sentence of 20 years’ imprisonment was appropriate in the case of a senior police officer who had been convicted of a number of sexual offences against his wife and teenage boys. In a case of this nature, where the offending spanned a long period of time and where there had been significant changes in the legislation, Crown counsel should ensure that assistance was given to the judge in relation to his sentencing powers.
BARRISTERS’ POWERS AND DUTIES COUNSEL’S DUTY TO ASSIST JUDGE IN RELATION TO SENTENCING POWERS HEARINGS IN OPEN COURT INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN LIFE IMPRISONMENT RAPE SENTENCE LENGTH SENTENCING SENTENCING POWERS SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT SEXUAL OFFENCES TAKING PLACE OVER LONG PERIOD OF TIME
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
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