RAPE OF CHILD UNDER 13

A total extended sentence of seven years and six months’ imprisonment for historic offences of attempted buggery, indecency with a child and indecent assault on a man committed by an individual aged 20-25 against his neighbour aged 10-14, whilst lenient, was not unduly so. Although aspects of the judge’s reasoning had been flawed, the offences had very unpleasant features and there had been an element of grooming, no violence had been used.

Following the appellant’s retrial for sexual offences, the judge had been correct to impose a special sentence of custody for offenders of particular concern. However, the term imposed, namely a custodial term of 16 years and an extended licence period of one year, contravened the Criminal Appeal Act 1968 Sch.2 para.2(1) because it was “of greater severity” than the 17-year sentence imposed at the original trial. That was because of the release regime applicable to offenders who were subject to a special sentence of custody for offenders of particular concern.

It was best practice for a judge to direct a jury before the cross-examination of a vulnerable witness that limitations had been placed on the defence counsel and to explain after the cross-examination the type of issues which the defendant would have wished to explore in further detail. Such directions should be repeated in the summing up.

A judge had not erred when sentencing an offender to life imprisonment, with a minimum term of 10 years, as a sentence of “last resort” for extreme child sex offences committed over a number of years against his own children. The sentence was also not unduly lenient, despite the minimum term not being increased when the offender was sentenced for further offences which involved the same children being offered to other men for sexual purposes.

Evidence of a step-father’s controlling behaviour towards his wife and step-son had been relevant evidence at his trial for 16 sexual offences against his step-daughter, as his defence was that his step-daughter was lying and exaggerating his controlling behaviour and the evidence was relevant to the issue of her credibility. A total sentence of 22 years’ imprisonment was not manifestly excessive.

Where a 19-year-old offender had taken advantage of a 12-year-old girl’s willingness to engage in sexual activity there were no exceptional circumstances that justified a non-custodial sentence; a community order was replaced by a sentence of three-and-a-half years’ imprisonment.

A decision to prosecute a 12-year-old boy for rape of a child under 13 had been taken by the Crown Prosecution Service following extensive consideration of its impact on the defendant. There was no basis for saying that its decision was incompatible with his right to respect for his private life under ECHR art.8.

A sentence of 17 years and 2 months’ imprisonment with an eight-year extension period imposed for child sex offences was justified as the offender had carried out the systemic and sustained abuse of his step-daughter from age 6 to 11 and of her cousin, who suffered from autism, at age 12.

An 18-month detention and training order was reduced to 12 months where a 16-year-old offender had pleaded guilty at the earliest opportunity to four offences of rape of a child under 13. The offender and the 12-year-old victim had been in a relationship since meeting at school and, although the judge had been right to impose a custodial sentence, sufficient allowance had not been made for the available mitigation and the need to keep custody to a minimum for young offenders.