After receiving a note indicating that a juror in a rape trial might not make a decision but just go with the majority, the judge should have told the jury that each member had to consider the evidence and reach a verdict according to his or her view of the material. The subsequent conviction by a majority was not, however, unsafe as the foreman had made it unequivocally clear that 10 jurors had agreed and two had disagreed.
APPEALS AGAINST CONVICTION CRIMINAL PROCEDURE CRIMINAL PROCEDURE RULES 2015 r.25.14(5) JURY DIRECTIONS MAJORITY VERDICTS PROCEDURAL IRREGULARITY RAPE
A sentence of imprisonment for public protection with a notional determinate sentence of 16 years’ imprisonment for rape, sexual assault and robbery, reduced to 12 years’ after credit for a guilty plea, was not manifestly excessive. The notional determinate sentence had been made to reflect all three offences, and there were significant aggravating factors which justified the high starting point.
AGGRAVATING FEATURES IMPRISONMENT FOR PUBLIC PROTECTION MINIMUM TERM RAPE ROBBERY SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT
The court considered the proper approach to the Victims’ Right to Review Guidance of CPS decisions and to claims made in respect of decisions to charge where the original decision was not to charge.
COMMITTAL FOR TRIAL CRIMINAL PROCEDURE DECISIONS TO PROSECUTE PROPER APPROACH TO VICTIMS’ RIGHT TO REVIEW GUIDANCE RAPE REVERSAL OF DECISION NOT TO PROSECUTE RAPE ALLEGATION REVIEWS SUSPECT’S RIGHT TO MAKE REPRESENTATIONS VICTIMS
An extended sentence comprising a 12-year custodial term and a five-year extension period was appropriate in the case of an offender who had vaginally and anally raped a friend, handcuffing her and pressing a pillow over her face. A discretionary life sentence was not justified.
CRIMINAL JUSTICE ACT 2003 Pt 12 s.225 DANGEROUSNESS DISCRETIONARY LIFE IMPRISONMENT EXTENDED SENTENCES RAPE s.143 s.22 s.224A s.225 s.226A s.226A(8) s.240ZA s.263 SENTENCING
The fact that an intermediary had provided physical and emotional support to a vulnerable and distressed complainant during a rape trial did not result in a serious risk of unfairness to the defendant. Both counsel and the judge had warned the jury to approach the complainant’s evidence untrammelled by sympathy.
CONDUCT CRIMINAL APPEAL ACT 1968 s.23 CRIMINAL EVIDENCE EXPERT EVIDENCE FRESH EVIDENCE INTERMEDIARIES JURY DIRECTIONS RAPE
An appellant’s conviction for rape was safe where there was substantial evidence before the jury that the victim was intoxicated and incapable of consenting to sexual intercourse with him. There was no presumption that the conviction was unsafe because the judge did not give a good character direction.
CAUTIONS CONSENT CREDIBILITY CRIMINAL EVIDENCE CRIMINAL PROCEDURE GOOD CHARACTER JURY DIRECTIONS RAPE
When dismissing an appeal against conviction for sexual activity involving children, including rape and trafficking within the UK for sexual exploitation, the court considered the issue of consent. Where a vulnerable or immature individual had allegedly been subjected to grooming for sexual purposes, the question of whether real or proper consent had been given would usually be for the jury to decide, unless the evidence clearly indicated that proper consent had been given.
CONSENT CRIMINAL LAW CRIMINAL PROCEDURE DE MINIMIS ENGAGING IN SEXUAL ACTIVITY IN PRESENCE OF CHILDREN GROOMING OF VULNERABLE OR IMMATURE PERSONS FOR SEXUAL PURPOSES INDECENT PHOTOGRAPHS OF CHILDREN RAPE REAL OR PROPER CONSENT s.1 s.1(1) s.10 s.101 s.11(1) s.3 s.58 s.58(1)(a) s.59A s.9 SENTENCING SEXUAL OFFENCES ACT 2003 s.58(1) TRAFFICKING FOR SEXUAL EXPLOITATION YOUNG OFFENDERS
Sentences of nine years’ imprisonment were neither unduly lenient nor manifestly excessive for two offenders who had raped an intoxicated young woman in an alleyway outside a nightclub. It had been appropriate not to impose a consecutive sentence for digital anal penetration by one of the offenders.
AGGRAVATING FEATURES ASSAULT BY PENETRATION CONCURRENT SENTENCES RAPE RAPE OF INTOXICATED YOUNG WOMAN OUTSIDE NIGHTCLUB SENTENCE LENGTH SENTENCING UNDUE LENIENCY
Undisclosed historic material from the police and social services which included information regarding previous sexual allegations made by a rape victim that had not been pursued because of concerns expressed by professionals regarding her credibility did not significantly undermine the victim’s credibility so as to affect the safety of the offender’s conviction.
CREDIBILITY CRIMINAL CASES REVIEW COMMISSION CRIMINAL EVIDENCE CRIMINAL PROCEDURE PROSECUTION DISCLOSURE RAPE SEXUAL OFFENCES (AMENDMENT) ACT 1976 s.2
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
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