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JUDGE FAILING TO SET OUT REASONS FOR REJECTING IMPOSITION OF EXTENDED SENTENCE IN SENTENCING REMARKS

October 25, 2013

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

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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