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Top Criminal Barrister QC and Leading Rape Defence Counsel

s.161

June 23, 2011

Where an accused convicted of indecent assault of a man had mistakenly been charged under the Sexual Offences Act 1956 s.14(1) instead of s.15(1) and had been found unfit to stand trial under the Criminal Procedure (Insanity) Act 1964 s.4A, the conviction was unsafe. Section 4A clearly stated that the jury had to be satisfied that the accused had done the act charged. Even though the indictment particulars were accurate, the actus reus of indecent assault on a woman could not be established by an indecent assault on a man.

ACCUSED MISTAKENLY CHARGED WITH INDECENT ASSAULT OF WOMAN ACCUSED UNFIT TO STAND TRIAL FOR INDECENT ASSAULT OF MAN ACTUS REUS OF INDECENT ASSAULT OF WOMAN NOT ESTABLISHED BY INDECENT ASSAULT OF A MAN. BAD CHARACTER CRIMINAL APPEAL ACT 1968 s.15 CRIMINAL PROCEDURE CRIMINAL PROCEDURE (INSANITY) ACT 1964 s.4A FITNESS TO PLEAD INDECENT ASSAULT JURY DIRECTIONS MISTAKE RETRIALS s.15(1) s.16 s.16(1)(b) s.16(4) s.161 s.3 s.4 s.41 s.4A(2) s.4A(2)(b) s.5 SEXUAL OFFENCES ACT 1956 s.14(1) SUMMING UP UNSAFE CONVICTIONS

April 3, 2009

An offence of possessing an indecent photograph of a child contrary to the Criminal Justice Act 1988 s.160 was not a “sexual offence” within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000 s.85(1)(a) and an extended sentence of imprisonment could not, therefore, be imposed in respect of it.

CRIMINAL JUSTICE ACT 1988 s.160 EXTENDED SENTENCES INDECENT PHOTOGRAPHS OF CHILDREN LAWFULNESS OF EXTENDED SENTENCE OFFENCE OF POSSESSING INDECENT PHOTOGRAPHS OF CHILDREN POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.85(1)(a) s.160(1) s.161 s.85 SENTENCING

October 24, 2001

The Court of Appeal gave guidelines for imposing extended periods of licence under s.85 Powers of Criminal Courts (Sentencing) Act 2000.

CONSECUTIVE SENTENCES CRIMINAL LAW CRIMINAL PROCEDURE EXTENDED PERIODS OF LICENCE EXTENDED SENTENCES GUIDELINES INDECENT ASSAULT LONGER THAN COMMENSURATE SENTENCES POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.80(2)(b) PROPORTIONALITY PROTECTING MEMBERS OF THE PUBLIC FROM DEATH OR PERSONAL INJURY RISK OF REOFFENDING s.103 s.116 s.161 s.161(2) s.161(4) S.58 AND S.60 CRIME AND DISORDER ACT 1998 s.80(2)(a) s.85 S.85 POWERS OF CRIMINAL COURT (SENTENCING) ACT 2000 s.85(1)(b) s.85(2) s.85(3) SECURING REHABILITATION SENTENCING SERIOUS HARM TO THE PUBLIC SEXUAL OFFENCES VIOLENCE

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"HISTORIC" OFFENCES ABUSE OF POSITION OF TRUST ADMISSIBILITY AGGRAVATING FEATURES ASSAULT BY PENETRATION ATTEMPTS BAD CHARACTER BUGGERY CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILDREN CHILD SEX OFFENCES CONSENT CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE CROSS-EXAMINATION DANGEROUSNESS DELAY EXTENDED SENTENCES FRESH EVIDENCE GUILTY PLEAS HUMAN RIGHTS IMPRISONMENT FOR PUBLIC PROTECTION INCONSISTENT VERDICTS INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN JURY DIRECTIONS MINIMUM TERM PREVIOUS CONVICTIONS RAPE RAPE OF CHILD UNDER 13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS SUMMING UP TOTALITY OF SENTENCE UNDUE LENIENCY YOUNG OFFENDERS