Alleged failures in pre-trial investigation procedure did not affect the safety of the convictions of soldiers found guilty of kidnapping, sexual assault, theft and assault occasioning actual bodily harm.
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Alleged failures in pre-trial investigation procedure did not affect the safety of the convictions of soldiers found guilty of kidnapping, sexual assault, theft and assault occasioning actual bodily harm.
ACTUAL BODILY HARM ARMED FORCES ARMED FORCES INVESTIGATION ASSAULT AND SEXUAL ASSAULT CRIMINAL EVIDENCE CRIMINAL PROCEDURE DISCLOSURE FAILURE TO KEEP CONTEMPORANEOUS RECORD OF MATERIAL OBTAINED DURING INVESTIGATION FRESH EVIDENCE GERMANY KIDNAPPING PROSECUTION DISCLOSURE SAFETY OF CONVICTION FOR KIDNAPPING SENTENCE LENGTH SENTENCING SEXUAL ASSAULT THEFT TOTALITY OF SENTENCE
A judge had erred in focusing on the risk an offender posed to the public, rather than the seriousness of the offences, when imposing what was in effect a whole life order for multiple counts of rape and further counts of kidnapping and causing grievous bodily harm with intent. The very high test of exceptionality for whole life orders had not been fulfilled but, given the aggravating features of the case, a notional determinate sentence beyond the sentencing guideline range was justified.
CRIMINAL LAW FALSE IMPRISONMENT GRIEVOUS BODILY HARM KIDNAPPING LIFE IMPRISONMENT MINIMUM TERM POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.82A(4) RAPE s.47 s.82A SENTENCING SERIOUSNESS OF OFFENCE WHOLE LIFE ORDERS
Where there had been confusion during the jury’s return of verdicts on four counts of an indictment against two co-defendants, and a verdict against a count of kidnap was not formally entered against one defendant, that defendant had not been convicted of kidnap. The court therefore ordered the Crown Court record to be amended accordingly and the defendant’s sentence for kidnap was quashed.
ACTUAL BODILY HARM APPEALS AGAINST CONVICTION ASSAULT CO-ACCUSED CONVICTIONS COUNTS CRIMINAL PROCEDURE KIDNAPPING RAPE ROBBERY SENTENCING VERDICTS
A recorder had erred in varying an order so that the identity of a young offender could be made public; he had given insufficient consideration to the public interest in the effective rehabilitation of the offender.
ANONYMITY CHILDREN AND YOUNG PERSONS ACT 1933 s.39 CRIMINAL PROCEDURE KIDNAPPING PENOLOGY AND CRIMINOLOGY REHABILITATION REPORTING RESTRICTIONS SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT YOUNG OFFENDERS
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
A sentence of three-and-a-half years’ imprisonment imposed following an offender’s conviction for kidnapping a 10-year-old child and inciting her to engage in sexual activity was not unduly lenient given the circumstances, which did not fit within the sentencing guidelines and included a relatively short duration kidnap and the fact that no sexual activity had taken place.
BUT NO ACTUAL CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILD ABDUCTION CHILD SEX OFFENCES COMMITTING AN OFFENCE WITH INTENT TO COMMIT A SEXUAL OFFENCE KIDNAPPING NON-APPLICABILITY OF SENTENCING GUIDELINES SENTENCING SENTENCING GUIDELINES SEXUAL ACTIVITY SHORT-DURATION KIDNAPPING OF 10-YEAR-OLD CHILD AND INCITEMENT TO ENGAGE IN UNDUE LENIENCY
Sentences of nine and six years’ detention for two young offenders convicted of rape and, in one case, grievous bodily harm were unduly lenient where the female victim, who was just 16, had been subjected to a group sex attack and had caustic soda thrown over her. The sentences were increased to 14 and 9 years’ detention.
FALSE IMPRISONMENT GANGS GRIEVOUS BODILY HARM KIDNAPPING RAPE SENTENCE LENGTH SENTENCING UNDUE LENIENCY VICTIM SUBJECTED TO GROUP SEX ATTACK AND SEVERELY INJURED YOUNG OFFENDERS
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