A sentence of detention for public protection with a minimum term of four years imposed on an offender for attempted rape and assault by penetration was unduly lenient and a minimum term of six years was substituted.
AGGRAVATING FEATURES APPROPRIATE MINIMUM TERM ASSAULT BY PENETRATION ATTEMPTS DETENTION FOR PUBLIC PROTECTION ELDERLY PERSONS MINIMUM TERM PERSISTENT OFFENDERS RAPE SENTENCING UNDUE LENIENCY YOUNG OFFENDERS
Where an 16-year-old offender had committed an offence of rape on an elderly woman, who was his grandmother, alone in her home at night after a forced entry, the circumstances were of such gravity that a sentence of life imprisonment was inevitable.
AGGRAVATING FEATURES ELDERLY WOMAN ALONE IN HOME AT NIGHT FORCED ENTRY LIFE IMPRISONMENT RAPE SENTENCE LENGTH SENTENCING SEXUAL OFFENCES WHETHER OFFENCE OF SUCH GRAVITY THAT LIFE IMPRISONMENT JUSTIFIED
A jury had not acted inconsistently in finding two young offenders guilty of oral rape but not guilty of sexual assault, even though the charges represented a sequence of events over the course of a 30-minute period and the central issue was consent. On the evidence, there was no logical inconsistency in the verdicts.
ACQUITTAL ON OTHER CHARGES OF ORAL RAPE AND SEXUAL ASSAULT ARISING OUT OF 30-MINUTE INCIDENT CONSENT CONVICTION ON ONE CRIMINAL PROCEDURE INCONSISTENT VERDICTS NORTHERN IRELAND RAPE SENTENCING STARTING POINT WHETHER VERDICTS LOGICALLY INCONSISTENT YOUNG OFFENDERS
A conviction for rape was unsafe and a conviction for sexual assault was substituted, where there was an absence of any evidence or activity capable of justifying the conclusion which pointed to an intent to commit the specific offence of rape. There was ample evidence of an intent to commit a serious sexual assault and there was no doubt that the offender’s actions had gone well beyond mere preparation.
ATTEMPTS COUNTS OF ATTEMPTED RAPE AND SEXUAL ASSAULT CRIMINAL APPEAL ACT 1968 s.3 CRIMINAL EVIDENCE INTENTION JURY DIRECTIONS RAPE SEXUAL ASSAULT STRUGGLE WITH BARMAID ALONE IN BAR WHEN IN DRINK SUBMISSION OF INSUFFICIENT EVIDENCE OF ANYTHING MORE THAN PREPARATORY ACT
An indeterminate sentence was quashed and replaced with an extended sentence of 12 years’ imprisonment, comprising a custodial term of seven-and-a-half years and an extended licence period of four-and-a-half years, following an offender’s conviction for rape. A pre-sentence report had detailed a significant change in the offender’s attitude towards the offence, in particular an acknowledgment of guilt.
EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION RAPE REAL PROGRESS MADE TOWARDS REDUCING RISK OF HARM TO PUBLIC SECOND OFFENCE OF RAPE SENTENCING SEXUAL OFFENCES
An extended licence period which had been imposed on a young man who had committed a number of offences against prostitutes would be reduced from five to three years to take into account his progress in prison and his acceptance of guilt.
EXTENDED SENTENCES EXTENSION PERIODS OFFENDER COMMITTING OFFENCES AGAINST PROSTITUTES RAPE ROBBERY SENTENCING SEXUAL OFFENCES THREATENING TO KILL WHETHER REDUCTION IN EXTENDED LICENCE PERIOD APPROPRIATE WOUNDING WITH INTENT
A sentence of eight years’ imprisonment was the very minimum that the court could impose following a plea of guilty to the rape of a young boy, which had been committed in breach of trust and against a background of repeated and regular sexual abuse. The court would be sympathetic to those who had been abused themselves, but such abuse could not excuse a child victim turning adult predator. The sentence of four-and-a-half years’ imprisonment was unduly lenient.
ABUSE OF POSITION OF TRUST APPROPRIATE DETERMINATE SENTENCE INDECENCY INDECENT PHOTOGRAPHS OF CHILDREN RAPE REPEATED AND REGULAR SEXUAL ABUSE OF TWO CHILD VICTIMS OVER MANY YEARS BY OFFENDER WHO HAD ALSO BEEN ABUSED SENTENCE LENGTH SENTENCING SEXUAL ACTIVITY WITH CHILD FAMILY MEMBERS SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL GROOMING UNDUE LENIENCY YOUNG OFFENDERS
A judge could not be criticised for making a finding of dangerousness in respect of a man of previous good character who had repeatedly raped his wife. Imprisonment for public protection with a minimum term of eight years was not excessive. The fact that the offender had been brought up in Pakistan to believe that he had a right to rape his wife was no basis for leniency.
DANGEROUSNESS IMPRISONMENT FOR PUBLIC PROTECTION MINIMUM TERM RAPE REPEATED RAPE OF SPOUSE IN ARRANGED MARRIAGE SENTENCING SPOUSES WHETHER OFFENDER “DANGEROUS” OUTSIDE OF MARRIAGE WHETHER OFFENDER’S NON-BRITISH UPBRINGING ENTITLED HIM TO SENTENCING LENIENCY
The court set aside a sentence of imprisonment for public protection imposed on an offender who had been convicted of raping his two stepdaughters over a number of years. Although the offender was dangerous and posed a high risk of harm, the public could adequately be protected by the imposition of a 20-year extended sentence.
CHOICE OF IMPRISONMENT FOR PUBLIC PROTECTION OR EXTENDED SENTENCE DANGEROUS OFFENDERS EXTENDED SENTENCE OFFERING ADEQUATE PROTECTION AGAINST RISK EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION OFFENDER RAPING STEPDAUGHTERS RAPE SENTENCING STEPCHILDREN
Where offences in a case straddled different sentencing regimes, counsel for the prosecution and defence should inform the judge of the effect of those regimes.
BARRISTERS’ POWERS AND DUTIES DUTY OF COUNSEL TO INFORM COURT OF EFFECT OF SENTENCING PROVISIONS OFFENCES STRADDLING DIFFERENT SENTENCING REGIMES RAPE RELEASE ON LICENCE SENTENCE LENGTH SENTENCING SOLICITORS’ POWERS AND DUTIES
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