OFFENDER MISTAKING IDENTITY OF VICTIM

October 31, 2006

A community sentence was not unduly lenient where the offender had pleaded of guilty to an offence of assault by penetration contrary to the Sexual Offences Act 2003 s.2(1) on the basis that he was mistaken as to the identity of the victim, believing her to be somebody else, who would have consented to his advances.

ASSAULT BY PENETRATION MISTAKEN IDENTITY OFFENDER MISTAKING IDENTITY OF VICTIM s.1 s.1(1) s.1(2) s.3 s.3(1)(d) s.97 SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.2(1) SUPERVISION ORDERS UNDUE LENIENCY

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