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Top Criminal Barrister QC and Leading Rape Defence Counsel

s.23(2)(a)

July 11, 2014

Where an offender had been convicted of historic sexual offences in respect of his step-daughter, who was five or six years’ old at the time of the abuse, the appropriate sentence was a term of five years’ imprisonment. The key to the sentencing exercise in such cases was to assess the harm from the offending and the culpability of the offender, taken with any aggravating and mitigating factors, while always bearing in mind the statutory maximum at the relevant time.

“HISTORIC” OFFENCES APPROPRIATE SENTENCE LENGTH BREACH OF TRUST CHILD SEX OFFENCES CHILDREN CRIMINAL APPEAL ACT 1968 s.23 INDECENT ASSAULT s.23(2)(a) s.23(2)(d) SENTENCE LENGTH SENTENCING WHETHER VERDICTS UNSAFE ON BASIS OF NEW EVIDENCE NOT AVAILABLE AT TIME OF TRIAL

October 17, 2008

A conviction for offences of rape and indecent assault of a child was safe despite fresh evidence that questioned the basis for the expert medical evidence at trial, as it did not undermine the evidence and credibility of the victim.

ADMISSIBILITY APPEAL AGAINST CONVICTION CHILD SEX OFFENCES CRIMINAL APPEAL ACT 1968 s.23(1) CRIMINAL EVIDENCE CRIMINAL LAW EFFECT OF FRESH EXPERT EVIDENCE ON SAFETY OF CONVICTION EXPERT EVIDENCE FRESH EVIDENCE INDECENT ASSAULT MEDICAL EVIDENCE RAPE RAPE AND SEXUAL ASSAULT OF CHILD s.2(3) s.23(2) s.23(2)(a) s.23(2)(d) SEXUAL ACTIVITY WITH CHILDREN

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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