s.1(1)

July 17, 2015

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

February 25, 2015

An offender who had been incorrectly convicted of indecent assault instead of gross indecency with a child had his appeal against conviction allowed and his sentence reduced to six years’ imprisonment.

CHILDREN CONSENSUAL SEXUAL CONTACT BETWEEN MUSIC TEACHER AND 15-YEAR-OLD PUPIL CONVICTIONS CRIMINAL LAW GROSS INDECENCY INDECENCY WITH CHILDREN ACT 1960 s.1 INDECENT ASSAULT OFFENCE NOT INDECENT ASSAULT BUT GROSS INDECENCY WITH CHILD s.1(1) s.14 SEXUAL OFFENCES ACT 1956 s.14(1)

November 24, 2011

Where a defendant had taken indecent photographs of a 17-year-old girl following intercourse on a “one night stand”, the judge had been correct to reject an argument that the situation came within the terms of the defence set out in the Protection of Children Act 1978 s.1A.

AGE art.10 art.6 CONSENT CRIMINAL LAW DEFENCES EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS INCIDENT OCCURRING ON “ONE NIGHT STAND” INDECENT PHOTOGRAPHS OF CHILDREN PROTECTION OF CHILDREN ACT 1978 s.1(1)(a) RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.1 s.1(1) s.1(1)(b) s.13 s.1A s.1A(1) s.1A(4) s.76 WHETHER SITUATION CAME WITHIN S.1A PROTECTION OF CHILDREN ACT 1978

April 4, 2008

Offences committed by a young offender contrary to the Sexual Offences Act 2003 s.13 were not serious specified offences for the purposes of the Criminal Justice Act 2003.

ASSESSMENT OF DANGEROUSNESS CRIMINAL JUSTICE ACT 2003 s.226 DANGEROUSNESS EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION OFFENCES COMMITTED BY YOUTH NOT AMOUNTING TO SERIOUS SPECIFIED OFFENCES s.1(1) s.1(2) s.11(1) s.12(1) s.13 s.13(1) s.13(2)(b) s.224 s.224(2) s.226(3) s.7(2) Sch.15 SENTENCING SERIOUS SPECIFIED OFFENCES SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.7(1) YOUNG OFFENDERS

October 31, 2006

A community sentence was not unduly lenient where the offender had pleaded of guilty to an offence of assault by penetration contrary to the Sexual Offences Act 2003 s.2(1) on the basis that he was mistaken as to the identity of the victim, believing her to be somebody else, who would have consented to his advances.

ASSAULT BY PENETRATION MISTAKEN IDENTITY OFFENDER MISTAKING IDENTITY OF VICTIM s.1 s.1(1) s.1(2) s.3 s.3(1)(d) s.97 SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.2(1) SUPERVISION ORDERS UNDUE LENIENCY

s.1(1)

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