Where a single mother had stabbed to death a man who lived on the same estate and who had been charged with sexual assault on her children, a sentence of 42 months’ imprisonment for manslaughter by reason of loss of control had been unduly lenient and was replaced by a sentence of seven-and-a-half years.
INTENTION KNIVES LOSS OF CONTROL MANSLAUGHTER MOTHER STABBING MAN CHARGED WITH SEXUAL ASSAULT OF HER CHILDREN PROVOCATION SENTENCING SEXUAL ASSAULT OF CHILD UNDER 13 UNDUE LENIENCY
A conviction for rape was unsafe and a conviction for sexual assault was substituted, where there was an absence of any evidence or activity capable of justifying the conclusion which pointed to an intent to commit the specific offence of rape. There was ample evidence of an intent to commit a serious sexual assault and there was no doubt that the offender’s actions had gone well beyond mere preparation.
ATTEMPTS COUNTS OF ATTEMPTED RAPE AND SEXUAL ASSAULT CRIMINAL APPEAL ACT 1968 s.3 CRIMINAL EVIDENCE INTENTION JURY DIRECTIONS RAPE SEXUAL ASSAULT STRUGGLE WITH BARMAID ALONE IN BAR WHEN IN DRINK SUBMISSION OF INSUFFICIENT EVIDENCE OF ANYTHING MORE THAN PREPARATORY ACT
A judge had not erred in adopting a 30-year starting point for the minimum term when sentencing a young offender to detention for life following his conviction for the murder of a 16-year-old girl, on the basis that the murder involved sexual or sadistic conduct and fell within the Criminal Justice Act 2003 Sch.21 para.5(2)(e), notwithstanding the offender’s limited intellectual ability and profound psychological and emotional difficulties.
CRIMINAL JUSTICE ACT 2003 Sch.21 para.5(2)(e) INTENTION MITIGATION MURDER RAPE s.5(2)(e) SADISTIC CONDUCT Sch.21 Sch.21 para.11(c) Sch.21 para.5 Sch.21 para.8 SENTENCE LENGTH SENTENCING SEXUAL ABUSE YOUNG OFFENDERS
The aim of the Sexual Offences Act 2003 s.15(1) was to penalise those who used a relationship which they had developed as a platform from which to launch sexual offending. In the instant case, there was more than a substantial body of evidence corroborating the complainant child’s version of events which justified the jury reaching the conclusion that the offender had arranged to meet her for the purposes of a sexual assault.
CRIMINAL EVIDENCE CRIMINAL LAW INTENTION INTENTION TO COMMIT SEXUAL ASSAULT JURY DIRECTIONS MENS REA s.15 s.7(1) SEXUAL GROOMING SEXUAL OFFENCES ACT 2003 s.15(1) SUMMING UP
In relation to a charge of possessing indecent photographs of a child, a jury had been well aware of the issues it had to assess in considering whether a defendant knew that there was a likelihood that automatic “pop-up” mechanisms or redirections to other websites on legal, albeit pornographic, websites would occur and whether if, upon accessing the legal website, the “pop-ups” would contain separate illegal images.
COMPUTERS CRIMINAL LAW CRIMINAL PROCEDURE INCONSISTENT VERDICTS INDECENT PHOTOGRAPHS OF CHILDREN INTENTION JURY DELIBERATIONS POP-UP WINDOWS PORNOGRAPHY POSSESSION POSSESSION OF IMAGES SEXUAL OFFENCES WEBSITES
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