Top Rape Barrister and Leading Criminal KC
Call now: +44 (0) 141 2800504
≡
  • Home
  • Expertise
    • Rape Defence Barrister
    • Sexual Assault
      • Assault By Penetration Defence Barrister
      • Assault By Touching Defence Barrister
      • Administering Substances Defence Barrister
    • Underage sex
      • Grooming
    • Exploitation
    • Porn / Voyeurism
  • Criminal Appeals
  • Bail
  • Direct Access
  • Contact
  •  Call +44 (0) 141 2800504
Top Criminal Barrister QC and Leading Rape Defence Counsel

RAPE

September 17, 2019

A challenge, by way of judicial review, by a young offender convicted of the murder and rape of a 14-year-old girl, to an excepting direction which discharged a reporting restriction order imposed under the Youth Justice and Criminal Evidence Act 1999 s.45(3), was refused.

ADMINISTRATION OF JUSTICE ANONYMITY CRIMINAL PROCEDURE CULPABILITY DETENTION AT HER MAJESTY’S PLEASURE EXCEPTING DIRECTIONS IDENTIFICATION JURISDICTION MENTALLY DISORDERED OFFENDERS MINIMUM TERM MURDER OPEN JUSTICE RAPE REPORTING RESTRICTIONS SENTENCING YOUNG OFFENDERS

July 18, 2019

Convictions for rape and indecent assault were deemed unsafe where a judge had failed to give a jury clear directions as to whether, and if so how, they could rely on the evidence of each victim when considering the allegations made by the other.

ADMISSIBILITY BAD CHARACTER CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CRIMINAL EVIDENCE HISTORICAL OFFENCES INDECENT ASSAULT JURY DIRECTIONS RAPE

May 22, 2019

Despite the absence of certain evidence at trial, the appellant’s convictions for sexual assault and rape of his half-sister were safe, because the totality of the trial process including the directions given and the summing up was fair.

ABUSE OF PROCESS ASSAULT BY PENETRATION CRIMINAL EVIDENCE CRIMINAL PROCEDURE JURY DIRECTIONS POLICE INTERVIEWS PREJUDICE RAPE SEXUAL ASSAULT SEXUAL ASSAULT OF CHILD UNDER 13 WITNESSES

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

February 5, 2019

The Criminal Cases Review Commission had been justified in refusing to refer the claimant’s two convictions for sexual offences to the Court of Appeal. The fresh evidence on which he had sought to rely did not give rise to a real possibility that the convictions would not be upheld.

ASSAULT BY PENETRATION CONVICTIONS CRIMINAL CASES REVIEW COMMISSION CRIMINAL EVIDENCE CRIMINAL PROCEDURE EXPERT EVIDENCE FRESH EVIDENCE MEDICAL EVIDENCE RAPE

January 15, 2019

A sentence of three-and-a-half years’ imprisonment imposed on an offender for historic offences of buggery and indecent assault on a fellow resident at a children’s home was unduly lenient. The offender satisfied the dangerousness criteria and a sentence of five years and ten months’ imprisonment with a three-year extension period was appropriate.

CHILD SEX OFFENCES DANGEROUSNESS EXTENDED SENTENCES HISTORICAL OFFENCES INDECENT ASSAULT RAPE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES TOTALITY OF SENTENCE UNDUE LENIENCY

December 14, 2018

A member of a group under police surveillance who had entered into a sexual relationship with an undercover police officer was unable to establish that her lack of knowledge as to the officer’s true identity vitiated her consent to sexual relations within the meaning of the Sexual Offences Act 2003 s.74. There was no justification for extending the common law position as contended for by the claimant, namely that the matter to which the deception related had to be sufficiently serious in objective terms as to be capable of being regarded as relevant to a woman’s decision-making and that, subjectively, the deception went to a matter which the woman regarded as critical or fundamental to her decision-making.

CONSENT CRIMINAL LAW CRIMINAL PROCEDURE DECISIONS TO PROSECUTE MISCONDUCT IN PUBLIC OFFICE POLICE POLICE OFFICERS PROCURING INTERCOURSE RAPE

November 28, 2018

A 29-year extended sentence, which included a custodial term of 21 years, imposed on a young adult offender following a campaign of rape against victims aged between 13 and 16, was excessive. Insufficient weight had been given to the offender’s age, lack of maturity and unstable background. An extended sentence of 26 years, with an 18-year custodial term, was appropriate.

AGE EXTENDED SENTENCES MATURITY MITIGATION RAPE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES VICTIM IMPACT YOUNG OFFENDERS

November 23, 2018

Although a judge had unnecessarily and improperly intervened during a defendant’s examination-in-chief, the interventions were not so significant as to materially impair the defendant’s ability to put his case before the jury. The judge’s interventions, combined with deficiencies in his summing-up, had not deprived the defendant of a fair trial.

CONSENT CRIMINAL PROCEDURE EXAMINATION IN CHIEF INTERVENTION JUDGES RAPE RIGHT TO FAIR TRIAL SUMMING UP

June 13, 2018

A 16-year extended sentence for the rape of an ex-partner was neither manifestly excessive nor wrong in principle where the judge had been entitled to conclude that the offender was dangerous and a post-sentence report documented no change in mentality. There could also be no proper complaint about a concurrent 12-year sentence imposed for a second count of rape against the same victim.

AGGRAVATING FEATURES DANGEROUSNESS EXTENDED SENTENCES RAPE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES

Previous Posts

Contact Stephen

Please use the form below to make contact. Your email will be responded to promptly (we endeavour to respond to all email enquiries within one hour). Alternatively, you can call Stephen's firm, Twelve Tabulae Limited, on +44 (0) 141 2800504.
  • This field is for validation purposes and should be left unchanged.

 

"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