Despite inadmissible opinion evidence from prosecution witnesses having been adduced before the jury, convictions for sexual assault and assault by penetration were safe.
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Despite inadmissible opinion evidence from prosecution witnesses having been adduced before the jury, convictions for sexual assault and assault by penetration were safe.
ASSAULT BY PENETRATION CRIMINAL EVIDENCE OPINION EVIDENCE PROSECUTION WITNESSES RISK OF HARM SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT SEXUAL HARM PREVENTION ORDERS
The court upheld a sexual harm prevention order, imposed for an indefinite duration, where an offender had received concurrent suspended prison sentences of 18 months after pleading guilty to three offences of possession of indecent photographs of a child and one offence of possessing an extreme pornographic image. Although the order had been imposed in circumstances which were far from satisfactory because the judge had not given explicit reasons to support the making of an indefinite order, the offender had given no indication whatsoever that he would address his offending behaviour and its causes. An order for an indefinite duration was necessary and proportionate.
DURATION INDECENT PHOTOGRAPHS OF CHILDREN INDEFINITE DURATION NECESSITY AND PROPORTIONALITY NOTIFICATION REQUIREMENTS POSSESSION OF EXTREME PORNOGRAPHIC IMAGES RISK OF HARM SENTENCING SEXUAL HARM PREVENTION ORDERS SUSPENDED SENTENCES
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