A sentence of nine months’ imprisonment suspended for two years with a two year residence requirement imposed on an offender following his pleas of guilty to four counts of sexual activity with a child family member was unduly lenient but was not altered as there were sufficient exceptional circumstances.
ADMISSIONS BASIS OF PLEA CHILD SEX OFFENCES FAMILY RELATIONSHIPS LAWFULNESS OF SHORT SUSPENDED SENTENCE s.2(5) SENTENCING SEXUAL ACTIVITY WITH CHILD FAMILY MEMBERS SEXUAL OFFENCES ACT 2003 s.104 UNDUE LENIENCY
A judge had been entitled to recommend the deportation of an offender despite a failure to provide notice as required by the Immigration Act 1971 s.6(2), since the offender and his counsel had been aware of the issue and had made submissions at the relevant time.
ASSAULT BY PENETRATION CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 s.229 CRIMINAL LAW DANGEROUSNESS FAILURE TO GIVE NOTICE IMMIGRATION ACT 1971 s.6(2) NOTICE RECOMMENDATIONS FOR DEPORTATION s.2(5) s.3(5) s.3(6) s.6 SENTENCING VALIDITY OF RECOMMENDATION