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Top Criminal Barrister QC and Leading Rape Defence Counsel

PERVERTING THE COURSE OF JUSTICE

March 28, 2019

There might be cases where guidance from the trial judge on myths and stereotypes in rape cases would be appropriate to benefit a defendant, but the instant case, in which the defendant was charged with perjury and perverting the course of justice after making repeated and false allegations of rape, was not one of them. Given the evidence called, even if the guidance had been given, it would not have assisted the defendant.

CRIMINAL PROCEDURE JURY DIRECTIONS PERJURY PERVERTING THE COURSE OF JUSTICE RAPE SENTENCE LENGTH SENTENCING STEREOTYPING VICTIMS

June 5, 2008

A sentence of six years’ imprisonment imposed following a guilty plea to an offence of assault on a child by penetration was manifestly excessive as, despite the abuse of a position of trust, the penetration had been minimal and there had been no physical harm caused to the two-year-old victim.

ABUSE OF POSITION OF TRUST ABUSE OF POSITION OF TRUST BUT NO PHYSICAL HARM CAUSED ASSAULT BY PENETRATION CHILD SEX OFFENCES FAMILIAL CHILD SEX OFFENCES INDECENT PHOTOGRAPHS OF CHILDREN PERVERTING THE COURSE OF JUSTICE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT ON TWO-YEAR-OLD STEPGRANDDAUGHTER

December 9, 2004

In the circumstances, including the fact that the appellant had over 200 previous convictions mainly for offences of being drunk and disorderly and indecent assault, an 18-month sentence for failing without reasonable excuse to notify use of a new name was not excessive. However, taking into account totality, a nine-month consecutive sentence for perverting the course of justice was excessive.

CHANGE OF NAME FAILURE TO NOTIFY USE OF NEW NAME MANIFESTLY EXCESSIVE PERVERTING THE COURSE OF JUSTICE s.91(1) SEXUAL OFFENCES ACT 2003 SENTENCE LENGTH SENTENCING SEX OFFENDERS REGISTER TOTALITY OF SENTENCES WITHHOLDING INFORMATION

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"HISTORIC" OFFENCES ABUSE OF POSITION OF TRUST ADMISSIBILITY AGGRAVATING FEATURES ASSAULT BY PENETRATION ATTEMPTS BAD CHARACTER BUGGERY CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILDREN CHILD SEX OFFENCES CONSENT CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE CROSS-EXAMINATION DANGEROUSNESS DELAY EXTENDED SENTENCES FRESH EVIDENCE GUILTY PLEAS HUMAN RIGHTS IMPRISONMENT FOR PUBLIC PROTECTION INCONSISTENT VERDICTS INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN JURY DIRECTIONS MINIMUM TERM PREVIOUS CONVICTIONS RAPE RAPE OF CHILD UNDER 13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS SUMMING UP TOTALITY OF SENTENCE UNDUE LENIENCY YOUNG OFFENDERS