A judge had not erred when sentencing an offender to life imprisonment, with a minimum term of 10 years, as a sentence of “last resort” for extreme child sex offences committed over a number of years against his own children. The sentence was also not unduly lenient, despite the minimum term not being increased when the offender was sentenced for further offences which involved the same children being offered to other men for sexual purposes.
CHILD SEX OFFENCES CHILD SEXUAL ABUSE CONSPIRACY EXTENDED SENTENCES LIFE IMPRISONMENT RAPE OF CHILD UNDER 13 SENTENCE LENGTH SENTENCING SEXUAL ACTIVITY WITH CHILD FAMILY MEMBER SEXUAL ACTIVITY WITH CHILDREN UNDUE LENIENCY VICTIM IMPACT
Given the aggravating factors involved in the sexual assault and subsequent rape of the same victim, a judge had been entitled to set the minimum term of a life sentence at over twice the upper limit of the respective sentencing guideline range. However, the sentence was too high and was reduced from nine-and-a-half to eight-and-a-half years.
AGGRAVATING FEATURES DANGEROUSNESS LIFE IMPRISONMENT MENTAL DISORDER MINIMUM TERM RAPE SENTENCING
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
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
Where an 16-year-old offender had committed an offence of rape on an elderly woman, who was his grandmother, alone in her home at night after a forced entry, the circumstances were of such gravity that a sentence of life imprisonment was inevitable.
AGGRAVATING FEATURES ELDERLY WOMAN ALONE IN HOME AT NIGHT FORCED ENTRY LIFE IMPRISONMENT RAPE SENTENCE LENGTH SENTENCING SEXUAL OFFENCES WHETHER OFFENCE OF SUCH GRAVITY THAT LIFE IMPRISONMENT JUSTIFIED
A notional determinate sentence that equated to 30 years’ imprisonment before a one-third reduction for guilty pleas, which had formed the basis for calculating the specified minimum term of a life sentence imposed for 28 counts relating to the sexual abuse of five boys, was excessive and reduced to 20 years.
28 COUNTS RELATING TO SEXUAL ABUSE OF FIVE BOYS ABUSE OF POSITION OF TRUST APPROPRIATE NOTIONAL DETERMINATE SENTENCE ATTEMPTS BUGGERY CALCULATION OF MINIMUM TERM CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILD SEX OFFENCES CHILDREN CRIMINAL JUSTICE ACT 2003 s.225 FILMS INCITEMENT INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN LIFE IMPRISONMENT MEETING CHILDREN FOLLOWING SEXUAL GROOMING MINIMUM TERM PENETRATION RAPE SENTENCING SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT
A life sentence could be imposed without a minimum term if the seriousness of the offence, rather than the risk of reoffending, warranted it.
AUTOMATIC LIFE IMPRISONMENT CHILD SEX OFFENCES LIFE IMPRISONMENT MINIMUM TERM NO MINIMUM TERM SET POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.82A(4) RAPE s.109 s.82A SENTENCING TWO SEVEN-YEAR-OLD BOY VICTIMS
The court considered and gave guidance on the principles applicable to the new mandatory sentencing provisions for the protection of the public from dangerous offenders contained in Criminal Justice Act 2003 s.224 to s.229 and the factors that judges should take into account when deciding whether one of the new sentences must be imposed.
CRIMINAL JUSTICE ACT 2003 CRIMINAL JUSTICE ACT 2003 s.143(3) CRIMINAL LAW DANGEROUS OFFENDERS LIFE IMPRISONMENT MANDATORY SENTENCING PROVISIONS UNDER S.224 TO S.229 CRIMINAL JUSTICE ACT 2003 MANDATORY SENTENCING PROVISIONS UNDER THE CRIMINAL JUSTICE ACT 2003 S.224 TO S.229 para.38(b) para.4 Parts POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.82A PUBLIC PROTECTION RISK OF REOFFENDING s.143(1) s.143(2) s.153(2) s.174(1)(a) s.189 s.224 S.224 CRIMINAL JUSTICE ACT 2003 s.224(2)(b) s.224(3) s.225 s.225(1) s.225(2) s.225(2)(b) s.225(3) s.225(4) s.226 s.226(1) s.226(2) s.226(2)(b) s.227 s.227(2) s.227(2)(b) s.227(3)(b) s.227(4) s.228 s.229 S.229 CRIMINAL JUSTICE ACT 2003 s.229(2) s.229(3) s.240 s.3 s.5 S.82A POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.82A(4) s.82A(4A) s.85 s.96 SCH.15 CRIMINAL JUSTICE ACT 2003 Sch.18 para.4 Sch.32 para.38(b) SENTENCING SENTENCING GUIDELINES SEXUAL OFFENCES SPECIFIED OFFENCES VIOLENT OFFENCES
The absence of any indication of the period of time after which the appellant could be considered no longer to pose a risk of future offending meant that an indeterminate sentence was required.
ADMINISTERING A STUPEFYING DRUG ADMINISTRATION OF DRUG FOR PURPOSES OF SEXUAL ASSAULT CRIMINAL PROCEDURE DEGREE OF RISK DISCRETIONARY LIFE IMPRISONMENT DRUGS IMPOSITION OF LIFE SENTENCE LIFE IMPRISONMENT MANSLAUGHTER MIDAZOLAM NURSES POSITION OF TRUST PRIMARY DUTY TO POTENTIAL VICTIMS PSYCHIATRIC ASSESSMENTS RAPE RISK OF FUTURE OFFENDING RISK TO PUBLIC SENTENCING
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