An appeal against a sexual offences prevention order was dismissed as the order had not been imposed based on the fact that a specific person had been sexually abused, but on the basis of an earlier conviction, and later behaviour which posed a risk to the public of serious sexual harm.
BUGGERY CHANGE OF CIRCUMSTANCES CRIMINAL PROCEDURE DISCHARGE PUBLIC PROTECTION s.104(1)(a) s.104(5) s.106(7) s.108(6) s.110 s.110(3) SEXUAL OFFENCES ACT 2003 s.108 SEXUAL OFFENCES PREVENTION 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 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
An extended sentence comprising three years’ detention and an extended licence period of two years imposed on the offender in respect of an offence of attempted rape was unduly lenient. A sentence of detention for public protection was substituted.
APPROPRIATENESS OF EXTENDED SENTENCE ATTEMPTED RAPE AND VIOLENT ASSAULT OF VICTIM ATTEMPTS DANGEROUS OFFENDERS DETENTION FOR PUBLIC PROTECTION EXTENDED SENTENCES PUBLIC PROTECTION RAPE SENTENCING UNDUE LENIENCY YOUNG OFFENDERS
The court considered and gave guidance on the principles applicable to the new mandatory sentencing provisions for the protection of the public from dangerous offenders contained in Criminal Justice Act 2003 s.224 to s.229 and the factors that judges should take into account when deciding whether one of the new sentences must be imposed.
CRIMINAL JUSTICE ACT 2003 CRIMINAL JUSTICE ACT 2003 s.143(3) CRIMINAL LAW DANGEROUS OFFENDERS LIFE IMPRISONMENT MANDATORY SENTENCING PROVISIONS UNDER S.224 TO S.229 CRIMINAL JUSTICE ACT 2003 MANDATORY SENTENCING PROVISIONS UNDER THE CRIMINAL JUSTICE ACT 2003 S.224 TO S.229 para.38(b) para.4 Parts POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.82A PUBLIC PROTECTION RISK OF REOFFENDING s.143(1) s.143(2) s.153(2) s.174(1)(a) s.189 s.224 S.224 CRIMINAL JUSTICE ACT 2003 s.224(2)(b) s.224(3) s.225 s.225(1) s.225(2) s.225(2)(b) s.225(3) s.225(4) s.226 s.226(1) s.226(2) s.226(2)(b) s.227 s.227(2) s.227(2)(b) s.227(3)(b) s.227(4) s.228 s.229 S.229 CRIMINAL JUSTICE ACT 2003 s.229(2) s.229(3) s.240 s.3 s.5 S.82A POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.82A(4) s.82A(4A) s.85 s.96 SCH.15 CRIMINAL JUSTICE ACT 2003 Sch.18 para.4 Sch.32 para.38(b) SENTENCING SENTENCING GUIDELINES SEXUAL OFFENCES SPECIFIED OFFENCES VIOLENT OFFENCES
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