Certain conditions of a sexual harm prevention order imposed on an offender who had committed sexual offences against children, which restricted his use of computers, mobile phones with internet access and remote storage, were quashed as they were disproportionate, unenforceable and did not give effect to the statutory purpose.
CHILD SEX OFFENCES CLOUD COMPUTING INFORMATION TECHNOLOGY INTERNET MEETING CHILDREN FOLLOWING SEXUAL GROOMING OPPRESSION PENOLOGY AND CRIMINOLOGY PROPORTIONALITY SENTENCING SENTENCING POWERS SEXUAL GROOMING SEXUAL HARM PREVENTION ORDERS VICTIM SURCHARGE
A judge had not erred in refusing a late application to admit expert evidence as to an appellant’s intellectual ability to assess age at his trial for child sex offences. The assessment of age was not a particularly intellectual process and the appellant’s own evidence had been that he had no difficulty with judging age.
AGE CREDIBILITY CRIMINAL EVIDENCE EXPERT EVIDENCE LEARNING DISABILITIES MEETING CHILDREN FOLLOWING SEXUAL GROOMING SEXUAL ACTIVITY WITH CHILDREN
An extended sentence of 39 years, with a custodial term of 33 years, imposed in respect of a very large number of serious sexual offences against young girls was manifestly excessive; the appropriate custodial term was 30 years. The judge had also erred in adding up the consecutive sentences to reach the overall custodial term before imposing an extension period on the total: it was the overall extended determinate sentences that had to be consecutive, not just the custodial terms.
CHILD SEX OFFENCES CONSECUTIVE SENTENCES CRIMINAL JUSTICE ACT 2003 s.226A EXTENDED SENTENCES INDECENT PHOTOGRAPHS OF CHILDREN LARGE NUMBER OF SERIOUS SEXUAL OFFENCES AGAINST CHILDREN INCLUDING REPEATED RAPE OF MORE THAN ONE VICTIM MEETING CHILDREN FOLLOWING SEXUAL GROOMING POSSESSION OF EXTREME PORNOGRAPHIC IMAGES RAPE OF CHILD UNDER 13 SENTENCING SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT
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 sentence of 30 months’ imprisonment following a guilty plea to an offence of attempting to meet a child following sexual grooming was excessive where the defendant was a man of previous good character and there were no aggravating features. On the evidence, there was no justification for exceeding the two-year starting point recommended by the Sentencing Guidelines Council, from which a one-third deduction was appropriate for the guilty plea.
ATTEMPTS CHILD SEX OFFENCES MEETING CHILDREN FOLLOWING SEXUAL GROOMING SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL COMMUNICATION OVER INTERNET WITH UNDERCOVER POLICE OFFICER POSING AS A 14-YEAR-OLD GIRL
A sentence of imprisonment for public protection was inappropriate where there was evidence to suggest that a defendant’s repressed paedophilic tendencies could be controlled and minimised with effective treatment.
AGGRAVATING FEATURES CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 s.225 DANGEROUSNESS DEFENDANT FORMING SEXUAL RELATIONSHIP WITH 13-YEAR-OLD GIRL IMPRISONMENT FOR PUBLIC PROTECTION MEETING CHILDREN FOLLOWING SEXUAL GROOMING MITIGATION REASONABLENESS OF SENTENCE OF IMPRISONMENT FOR PUBLIC PROTECTION SENTENCE LENGTH SENTENCING SEXUAL ACTIVITY WITH CHILDREN SEXUAL OFFENCES PREVENTION ORDERS
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