s.23(2)(d)

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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