A suspended sentence which had been imposed on a man who suffered from Tourette’s syndrome and other disorders following his plea of guilty to rape was unduly lenient; however, given his very positive attitude to the suspended sentence order, which had been coupled with a supervision requirement, it would not be appropriate to interfere with the sentence.
CORONERS AND JUSTICE ACT 2009 s.125(7) MENTALLY DISORDERED OFFENDERS OFFENDER SUFFERING FROM TOURETTE’S SYNDROME AND OTHER DISORDERS RAPE s.125 s.125(1) s.125(2) s.125(3) s.125(5) s.126 Sch.21 SENTENCING SENTENCING GUIDELINES SUSPENDED SENTENCES UNDUE LENIENCY
A judge had not erred in adopting a 30-year starting point for the minimum term when sentencing a young offender to detention for life following his conviction for the murder of a 16-year-old girl, on the basis that the murder involved sexual or sadistic conduct and fell within the Criminal Justice Act 2003 Sch.21 para.5(2)(e), notwithstanding the offender’s limited intellectual ability and profound psychological and emotional difficulties.
CRIMINAL JUSTICE ACT 2003 Sch.21 para.5(2)(e) INTENTION MITIGATION MURDER RAPE s.5(2)(e) SADISTIC CONDUCT Sch.21 Sch.21 para.11(c) Sch.21 para.5 Sch.21 para.8 SENTENCE LENGTH SENTENCING SEXUAL ABUSE YOUNG OFFENDERS
A sentence of life imprisonment with a minimum term of 35 years where a 21-year-old uncle had raped and strangled his two-year-old niece was not excessive. The sentencing judge had taken account of the defendant’s age and guilty plea in deciding not to impose a whole life order, and so those features could not be factored into calculation of the minimum term because it would have provided the defendant with a second discount.
CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 Sch.21 para.4(2) MANDATORY LIFE IMPRISONMENT MINIMUM TERM MURDER RAPE RAPE AND MURDER OF TWO-YEAR-OLD CHILD Sch.21 SENTENCE LENGTH SENTENCING SEXUAL ACTIVITY WITH CHILD FAMILY MEMBERS WHOLE LIFE ORDERS
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