The Northern Ireland Public Prosecution Service had not erred in making a decision not to prosecute an alleged rape of a 14-year-old boy with moderate learning difficulties; there was a clear factual basis for the finding that there were insufficient grounds to mount a prosecution.
CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE DECISIONS TO PROSECUTE PROSECUTION EVIDENCE QUASHING ORDERS RAPE OF CHILD UNDER 13 SUFFICIENCY OF EVIDENCE
A district judge had failed to appreciate when deciding to retain jurisdiction to prosecute a young offender in the youth court for child sex offences that an amendment to the Powers of Criminal Courts (Sentencing) Act 2000 s.3B introduced by the Criminal Justice and Courts Act 2015 s.53 was not in force when he made his decision.
ADMINISTRATION OF JUSTICE CHILD SEX OFFENCES COMMITTAL FOR TRIAL CRIME AND DISORDER ACT 1998 s.51A CRIMINAL JUSTICE AND COURTS ACT 2015 s.53 CRIMINAL LAW CRIMINAL PROCEDURE JURISDICTION MODE OF TRIAL POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.91(1) RAPE OF CHILD UNDER 13 RELIANCE ON AMENDMENT TO COMMITTAL FOR SENTENCE PROCEDURE NOT YET IN FORCE RETENTION OF JURISDICTION IN ERROR s.31 s.3B s.3B(1) s.3C s.51A(3) s.5A(1) s.6 s.91 s.91(3) YOUNG OFFENDERS YOUTH COURTS
Life sentences coupled with minimum terms ranging from 17 to 12 years were appropriate in the case of four men who had been convicted of serious sexual offences following their involvement in one of the worst cases of child exploitation to come before the courts.
APPROPRIATENESS OF LIFE SENTENCES FOR SERIOUS SEXUAL OFFENCES AGAINST CHILDREN CHILD PROSTITUTION OFFENCES CHILD SEX OFFENCES CONSPIRACY DISCRETIONARY LIFE IMPRISONMENT MINIMUM TERM RAPE RAPE OF CHILD UNDER 13 SENTENCE LENGTH SENTENCING TRAFFICKING FOR SEXUAL EXPLOITATION VICTIM IMPACT
An extended sentence of 39 years, with a custodial term of 33 years, imposed in respect of a very large number of serious sexual offences against young girls was manifestly excessive; the appropriate custodial term was 30 years. The judge had also erred in adding up the consecutive sentences to reach the overall custodial term before imposing an extension period on the total: it was the overall extended determinate sentences that had to be consecutive, not just the custodial terms.
CHILD SEX OFFENCES CONSECUTIVE SENTENCES CRIMINAL JUSTICE ACT 2003 s.226A EXTENDED SENTENCES INDECENT PHOTOGRAPHS OF CHILDREN LARGE NUMBER OF SERIOUS SEXUAL OFFENCES AGAINST CHILDREN INCLUDING REPEATED RAPE OF MORE THAN ONE VICTIM MEETING CHILDREN FOLLOWING SEXUAL GROOMING POSSESSION OF EXTREME PORNOGRAPHIC IMAGES RAPE OF CHILD UNDER 13 SENTENCING SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT
An application for a writ of habeas corpus by a prisoner who had been sentenced to imprisonment for public protection when his offence pre-dated the coming into force of the Criminal Justice Act 2003 failed. The sentencing judge had had competent jurisdiction to direct both imprisonment and a minimum term. Her order could not, therefore, be ignored as a suspected nullity; it had to be obeyed unless and until it was set aside on appeal.
ABSENCE OF JURISDICTION CRIMINAL JUSTICE ACT 2003 Pt 12 s.225 CRIMINAL PROCEDURE HABEAS CORPUS IMPRISONMENT FOR PUBLIC PROTECTION POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.80 PRISON GOVERNORS RAPE OF CHILD UNDER 13 RELEASE ON LICENCE s.225 s.85 SENTENCING UNLAWFUL SENTENCES
A non-custodial sentence was unduly lenient for a young offender of previous good character who had pleaded guilty to sexual offences involving a girl under 13: a custodial sentence of two and a half years was substituted.
CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILD SEX OFFENCES MITIGATION RAPE OF CHILD UNDER 13 SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES AGAINST CHILD UNDER 13 UNDUE LENIENCY YOUNG OFFENDERS
A judge had not erred in admitting evidence of an individual’s previous conviction for possessing an indecent image of a child in his trial for rape and sexual assault of a child. It was admissible as evidence relevant to an issue in the case, namely his inappropriate sexual interest in young girls.
ADMISSIBILITY BAD CHARACTER BASIS OF PLEA CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(d) CRIMINAL PROCEDURE PREVIOUS CONVICTION RELATED TO INSTANT ALLEGATIONS PREVIOUS CONVICTIONS RAPE OF CHILD UNDER 13 SEXUAL ASSAULT OF CHILD UNDER 13
It was not arguable that either a total sentence of 29 years’ custody with an extended licence period of six years imposed on a former rock band singer for various sexual offences against children and young persons, or a total sentence of 17 years’ imprisonment imposed on a woman who had allowed the singer to sexually assault her 12-month-old baby daughter, were manifestly excessive.
CHILD SEX OFFENCES CONSPIRACY GUILTY PLEAS INCLUDING ASSAULT BY PENETRATION AND CONSPIRACY TO RAPE 12-MONTH-OLD CHILD RAPE OF CHILD UNDER 13 SENTENCE LENGTH SENTENCING SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL ASSAULTS OF CHILDREN TOTALITY OF SENTENCE
In a case where the defendant was accused of sexual offences against his daughter, the judge had been correct to refuse to admit the evidence of a retired psychiatrist and psychotherapist: her thesis of false memory syndrome lacked evidence to support it.
ADMISSIBILITY ALLEGATIONS OF HISTORIC SEXUAL OFFENCES MADE BY DAUGHTER AGAINST FATHER CHILD CRUELTY CRIMINAL EVIDENCE CRIMINAL PROCEDURE EXPERT EVIDENCE JURY DIRECTIONS MOTIVE RAPE OF CHILD UNDER 13 RELIABILITY OF EXPERT EVIDENCE REGARDING FALSE MEMORY SYNDROME SENTENCE LENGTH SENTENCING SEXUAL ASSAULT OF CHILD UNDER 13
There was no basis on which to extend time to allow an offender to appeal against his convictions for rape, sexual assault, and causing or inciting a four-year-old child to engage in sexual activity. Although the normal trial process had had to be modified in a number of ways because of the victim’s age, the judge had taken great care to ensure that the trial was fair.
BEST EVIDENCE CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION NO CASE TO ANSWER RAPE OF CHILD UNDER 13 SEXUAL ASSAULT OF CHILD UNDER 13
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