A minimum term of five-and-a-half years’ imprisonment for committing an offence with intent to commit a sexual offence was reduced to four-and-a-half years, because it was disproportionate to the five-year starting point for an actual single offence of rape.
COMMITTING AN OFFENCE WITH INTENT TO COMMIT A SEXUAL OFFENCE CRIMINAL JUSTICE ACT 2003 s.229 DANGEROUSNESS IMPRISONMENT FOR PUBLIC PROTECTION MINIMUM TERM OFFENDER INTENDING TO RAPE YOUNG WOMAN s.224 s.225 s.225(1)(b) s.225(b) s.62 s.62(4) Sch.15 SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.62(1)
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 imprisonment for public protection imposed following a plea of guilty to sexual offences was upheld where, having regard to the facts of the case and the offender’s previous convictions, the judge had been justified in concluding that he posed a significant risk of causing serious personal injury. However, the specified minimum term of two years was modified to take into account time the offender had already spent in custody.
CREDIT FOR TIME SERVED CRIMINAL JUSTICE ACT 2003 s.240 EFFECT OF PREVIOUS TIME SPENT IN CUSTODY ON LENGTH OF MINIMUM TERM IMPRISONMENT FOR PUBLIC PROTECTION INDECENT PHOTOGRAPHS OF CHILDREN MINIMUM TERM RISK OF CAUSING SERIOUS PERSONAL INJURY TO ADOLESCENT GIRLS RISK OF REOFFENDING s.225 SENTENCE LENGTH SENTENCING SEXUAL OFFENCES VOYEURISM
A sentence of life imprisonment with a minimum term of 35 years where a 21-year-old uncle had raped and strangled his two-year-old niece was not excessive. The sentencing judge had taken account of the defendant’s age and guilty plea in deciding not to impose a whole life order, and so those features could not be factored into calculation of the minimum term because it would have provided the defendant with a second discount.
CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 Sch.21 para.4(2) MANDATORY LIFE IMPRISONMENT MINIMUM TERM MURDER RAPE RAPE AND MURDER OF TWO-YEAR-OLD CHILD Sch.21 SENTENCE LENGTH SENTENCING SEXUAL ACTIVITY WITH CHILD FAMILY MEMBERS WHOLE LIFE ORDERS
A judge had correctly imposed a sentence of imprisonment for public protection upon an offender who had committed a series of sexual assaults against several girls under the age of 13. However, given the non-penetrative nature of the offences, a minimum term of six years was too long and was replaced with a minimum of four years.
ASSESSMENT OF APPROPRIATE MINIMUM TERM CHILDREN CRIMINAL JUSTICE ACT 2003 EXPOSURE IMPRISONMENT FOR PUBLIC PROTECTION MINIMUM TERM MULTIPLE OFFENDING POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.82A s.104 s.7(1) SENTENCING SEXUAL ASSAULT SEXUAL ASSAULT UPON CHILDREN UNDER 13 YEARS SEXUAL OFFENCES ACT 2003 s.66
A sentence of imprisonment for public protection, with a minimum term of 5 years and 211 days, was appropriate in the case of the appellant, who had pleaded guilty to the rape of a child, attempted rape, having a firearm with intent to commit an indictable offence, kidnapping, trespass with intent to commit a sexual offence and the sexual assault of a child.
CHILD SEX OFFENCES IMPRISONMENT FOR PUBLIC PROTECTION MINIMUM TERM OFFENDER TARGETING YOUNG GIRLS SENTENCE LENGTH SENTENCING
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
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