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Top Criminal Barrister QC and Leading Rape Defence Counsel

Sch.15

December 9, 2015

A sentence with a minimum term of nine years and three months’ imprisonment imposed for nine counts of rape was quashed as the minimum term had been wrongly increased by six months to reflect a breach of a suspended sentence imposed for breach of a sexual offences prevention order. The offence for which the suspended sentence had been received was not a specified offence and therefore should not have been added to the minimum term.

BREACH CRIMINAL JUSTICE ACT 2003 Pt 12 s.224 MINIMUM TERM MINIMUM TERM INCREASED FOR BREACH OF SUSPENDED SENTENCE OFFENCE FOR WHICH SUSPENDED SENTENCE IMPOSED NOT SPECIFIED OFFENCE Pt 12 s.225 RAPE s.224 s.225 Sch.15 SENTENCING SEXUAL OFFENCES PREVENTION ORDERS SUSPENDED SENTENCES

June 21, 2011

A minimum term of five-and-a-half years’ imprisonment for committing an offence with intent to commit a sexual offence was reduced to four-and-a-half years, because it was disproportionate to the five-year starting point for an actual single offence of rape.

COMMITTING AN OFFENCE WITH INTENT TO COMMIT A SEXUAL OFFENCE CRIMINAL JUSTICE ACT 2003 s.229 DANGEROUSNESS IMPRISONMENT FOR PUBLIC PROTECTION MINIMUM TERM OFFENDER INTENDING TO RAPE YOUNG WOMAN s.224 s.225 s.225(1)(b) s.225(b) s.62 s.62(4) Sch.15 SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.62(1)

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

July 12, 2007

A judge had been correct to admit a defendant’s previous bad character under the Criminal Justice Act 2003 s.101(1)(g) since the conduct of that defendant in his evidence-in-chief amounted to an attack on prosecution witnesses. However, a sentence of 10 years’ imprisonment had been manifestly excessive for breach of a sexual offences prevention order.

ADMISSIBILITY APPLICATION OF S.101(1)(G) CRIMINAL JUSTICE ACT 2003 BAD CHARACTER BREACH BREACH OF SEXUAL OFFENCES PREVENTION ORDER CONDUCT DURING EVIDENCE-IN-CHIEF CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(g) PREVIOUS CONVICTIONS PROPENSITY s.101(1)(d) s.103(1)(b) Sch.15 SENTENCE LENGTH SENTENCING SEXUAL OFFENCES PREVENTION ORDERS

March 5, 2007

A minimum term of three years’ imprisonment for public protection imposed on an offender who had pleaded guilty to 17 counts comprising offences of indecent assault together with the taking and making of indecent photographs of children was not manifestly excessive where the offences had involved the planned, premeditated targeting of young children and a grave breach of trust over a prolonged period.

ABUSE OF POSITION OF TRUST CRIMINAL JUSTICE ACT 2003 Sch.37 DELIBERATE BEFRIENDING OF PARENTS IMPRISONMENT FOR PUBLIC PROTECTION INDECENT PHOTOGRAPHS OF CHILDREN OFFENCES AGAINST CHILDREN PREMEDITATED TARGETING OF CHILDREN Sch.15 SENTENCE LENGTH SENTENCING SEXUAL ASSAULT

January 23, 2007

A sentence of imprisonment for public protection with a minimum term of two years and six months was appropriate in the case of a 23-year-old man who had pleaded guilty to two offences of raping a child under the age of 13, one offence of meeting a child following sexual grooming, one offence of sexual activity with a child, and 10 offences of making an indecent photograph of a child.

CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 s.229 DANGEROUS OFFENDERS EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION RISK OF REOFFENDING Sch.15 SENTENCING UNDUE LENIENCY YOUNG GIRLS GROOMED FOR SEXUAL INTERCOURSE

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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