A challenge, by way of judicial review, by a young offender convicted of the murder and rape of a 14-year-old girl, to an excepting direction which discharged a reporting restriction order imposed under the Youth Justice and Criminal Evidence Act 1999 s.45(3), was refused.
ADMINISTRATION OF JUSTICE ANONYMITY CRIMINAL PROCEDURE CULPABILITY DETENTION AT HER MAJESTY’S PLEASURE EXCEPTING DIRECTIONS IDENTIFICATION JURISDICTION MENTALLY DISORDERED OFFENDERS MINIMUM TERM MURDER OPEN JUSTICE RAPE REPORTING RESTRICTIONS SENTENCING YOUNG OFFENDERS
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 sentence with a minimum term of nine years and three months’ imprisonment imposed for nine counts of rape was quashed as the minimum term had been wrongly increased by six months to reflect a breach of a suspended sentence imposed for breach of a sexual offences prevention order. The offence for which the suspended sentence had been received was not a specified offence and therefore should not have been added to the minimum term.
BREACH CRIMINAL JUSTICE ACT 2003 Pt 12 s.224 MINIMUM TERM MINIMUM TERM INCREASED FOR BREACH OF SUSPENDED SENTENCE OFFENCE FOR WHICH SUSPENDED SENTENCE IMPOSED NOT SPECIFIED OFFENCE Pt 12 s.225 RAPE s.224 s.225 Sch.15 SENTENCING SEXUAL OFFENCES PREVENTION ORDERS SUSPENDED SENTENCES
A sentence of imprisonment for public protection with a notional determinate sentence of 16 years’ imprisonment for rape, sexual assault and robbery, reduced to 12 years’ after credit for a guilty plea, was not manifestly excessive. The notional determinate sentence had been made to reflect all three offences, and there were significant aggravating factors which justified the high starting point.
AGGRAVATING FEATURES IMPRISONMENT FOR PUBLIC PROTECTION MINIMUM TERM RAPE ROBBERY SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT
Life sentences coupled with minimum terms ranging from 17 to 12 years were appropriate in the case of four men who had been convicted of serious sexual offences following their involvement in one of the worst cases of child exploitation to come before the courts.
APPROPRIATENESS OF LIFE SENTENCES FOR SERIOUS SEXUAL OFFENCES AGAINST CHILDREN CHILD PROSTITUTION OFFENCES CHILD SEX OFFENCES CONSPIRACY DISCRETIONARY LIFE IMPRISONMENT MINIMUM TERM RAPE RAPE OF CHILD UNDER 13 SENTENCE LENGTH SENTENCING TRAFFICKING FOR SEXUAL EXPLOITATION VICTIM IMPACT
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 discretionary life sentence with a minimum term of four years for offences of false imprisonment, committing an offence with intent to commit a sexual offence and sexual assault was manifestly excessive. Such a sentence was to be reserved for the gravest offences and a sentence of detention for public protection with a three-year minimum term was appropriate.
AGGRAVATING FEATURES APPROPRIATE MINIMUM TERM DETENTION FOR PUBLIC PROTECTION DISCRETIONARY LIFE IMPRISONMENT EXTENDED SENTENCES MINIMUM TERM OFFENDING ON LICENCE PUBLIC PROTECTION SENTENCING SERIOUSNESS OF OFFENCE SERIOUSNESS OF SEXUAL ASSAULT ON SCHOOLGIRL SEXUAL ASSAULT STARTING POINT VICTIM PERSONAL STATEMENTS WHETHER DISCRETIONARY LIFE SENTENCE MANIFESTLY EXCESSIVE YOUNG OFFENDERS
A sentence of detention for public protection with a minimum term of four years imposed on an offender for attempted rape and assault by penetration was unduly lenient and a minimum term of six years was substituted.
AGGRAVATING FEATURES APPROPRIATE MINIMUM TERM ASSAULT BY PENETRATION ATTEMPTS DETENTION FOR PUBLIC PROTECTION ELDERLY PERSONS MINIMUM TERM PERSISTENT OFFENDERS RAPE SENTENCING UNDUE LENIENCY YOUNG OFFENDERS
A judge could not be criticised for making a finding of dangerousness in respect of a man of previous good character who had repeatedly raped his wife. Imprisonment for public protection with a minimum term of eight years was not excessive. The fact that the offender had been brought up in Pakistan to believe that he had a right to rape his wife was no basis for leniency.
DANGEROUSNESS IMPRISONMENT FOR PUBLIC PROTECTION MINIMUM TERM RAPE REPEATED RAPE OF SPOUSE IN ARRANGED MARRIAGE SENTENCING SPOUSES WHETHER OFFENDER “DANGEROUS” OUTSIDE OF MARRIAGE WHETHER OFFENDER’S NON-BRITISH UPBRINGING ENTITLED HIM TO SENTENCING LENIENCY
A sentence of imprisonment for public protection with a minimum term of two years was appropriate in the case of an adult male who had pleaded guilty to attempting to foster an inappropriate relationship with an 11-year-old girl over internet.
ADULT MALE ATTEMPTING TO FOSTER INAPPROPRIATE RELATIONSHIP WITH 11-YEAR-OLD GIRL OVER INTERNET APPROPRIATE MINIMUM TERM ATTEMPTS CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 Pt 12 s.229(3) ENGAGING IN SEXUAL ACTIVITY IN PRESENCE OF CHILDREN IMPRISONMENT FOR PUBLIC PROTECTION INDECENT PHOTOGRAPHS OF CHILDREN MINIMUM TERM s.160(1) s.227 s.229(3) SENTENCE LENGTH SENTENCING
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