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
It was not for the courts to assess the reasons behind the prosecution’s decision to charge an individual under the Sexual Offences Act 2003 s.8 rather than s.5 or s.9 and, in the circumstances, a sentence of five years’ imprisonment imposed on the individual was not manifestly excessive.
APPROPRIATENESS OF PROSECUTION CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CRIMINAL PROCEDURE DECISIONS TO PROSECUTE MITIGATION s.5 s.9 SENTENCE LENGTH SENTENCING SEXUAL OFFENCES ACT 2003 s.8
A judge was wrong to assess a defendant as posing a significant risk of causing serious harm to the public where the evidence did not support the requirement that the harm would result in death or serious personal injury.
IMPRISONMENT FOR PUBLIC PROTECTION MITIGATION PUBLIC PROTECTION RISK OF REOFFENDING RISK OF SERIOUS HARM TO PUBLIC S.224 CRIMINAL JUSTICE ACT 2003 s.225 CRIMINAL JUSTICE ACT 2003 SENTENCE LENGTH SENTENCING SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT
A sentence of 8 years’ imprisonment was the correct starting point for an offence of rape where there were aggravating features of the use of a knife, a degree of planning, a persistence of attack and previous convictions.
AGGRAVATING FEATURES DISCOUNT FOR MITIGATION KNIVES KNIVES~RAPE OF WOMAN AT KNIFEPOINT IN DARK ALLEYWAY~UNDUE LENIENCY MITIGATION PERSISTENCY OF ATTACKS PLANNING PREVIOUS CONVICTIONS RAPE RAPE IN ALLEY SENTENCING SEXUAL OFFENCES STARTING POINT FOR SENTENCING UNDUE LENIENCY USE OF KNIVES
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