A sentence of four months’ imprisonment for assault by penetration by an individual against his partner of 23 years was unduly lenient; offences committed in the domestic context were no less serious than those committed in a non-domestic context. The sentence was quashed and was replaced by one of 21 months’ imprisonment suspended for 24 months.
ASSAULT BY PENETRATION DOMESTIC VIOLENCE AND ABUSE REASONS SENTENCING SENTENCING GUIDELINES UNDUE LENIENCY
A sentence of six years’ imprisonment following convictions for historic charges of rape, indecency with a child and sexual assault, committed against a 13-year-old girl, was increased to 12 years’ imprisonment where the judge had departed from the sentencing guidelines without giving reasons for doing so and where the sentence imposed failed to reflect the totality of the offending.
“HISTORIC” OFFENCES AGGRAVATING FEATURES INDECENCY INDECENT ASSAULT OFFENCES AGAINST CHILDREN RAPE REASONS SENTENCING SENTENCING GUIDELINES STARTING POINT TOTALITY OF SENTENCE UNDUE LENIENCY
A sentence of one year’s imprisonment suspended for two years with a two-year supervision requirement imposed on an offender for five counts of sexual assault was unduly lenient and was increased to 15 months’ imprisonment. There had been no justification for departing from the Sexual Offences Act 2003 Definitive Guideline and the judge had erred in not giving reasons for doing so.
CHILD SEX OFFENCES PROPRIETY OF DEPARTING FROM GUIDELINE REASONS SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT SEXUAL OFFENCES ACT 2003 DEFINITIVE GUIDELINE UNDUE LENIENCY
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