SENTENCE LENGTH

Sentences of nine and six years’ detention for two young offenders convicted of rape and, in one case, grievous bodily harm were unduly lenient where the female victim, who was just 16, had been subjected to a group sex attack and had caustic soda thrown over her. The sentences were increased to 14 and 9 years’ detention.

A ten-year extended sentence with a custodial period of five years was appropriate for offences relating to the sexual abuse of two young girls over a period of some five years.

A concurrent sentence of four years’ imprisonment for breaching a sexual offences prevention order by sending a Christmas card to a female under 16 was excessive given the relatively minor nature of the breach, and was replaced with a concurrent sentence of 12 months’ imprisonment.

A sentence of imprisonment for public protection imposed following a plea of guilty to sexual offences was upheld where, having regard to the facts of the case and the offender’s previous convictions, the judge had been justified in concluding that he posed a significant risk of causing serious personal injury. However, the specified minimum term of two years was modified to take into account time the offender had already spent in custody.

A sentence of detention for public protection with a minimum term of two years imposed for attempted rape was manifestly excessive as the offender was only 16, was of previous good character and had pleaded guilty at the earliest point. The sentence was replaced with one of three years’ detention.

A sentence of six years’ imprisonment imposed following a guilty plea to an offence of assault on a child by penetration was manifestly excessive as, despite the abuse of a position of trust, the penetration had been minimal and there had been no physical harm caused to the two-year-old victim.

A sentence of 20 years’ imprisonment for 13 counts of sexual offences involving young children, including rape, was not manifestly excessive as although R. v Millberry (William Christopher) [2002] EWCA Crim 2891, [2003] 1 W.L.R. 546 indicated that the appropriate starting point for a campaign of rape was 15 years, that was a starting point and not a finishing point, and the definitive sentencing guidelines applied.

Appeals against convictions for numerous and various sexual offences were dismissed where the judge had correctly admitted evidence of the making of complaints under the Criminal Justice Act 2003 s.120(2) and evidence as to bad character, and had not misled the jury in his directions.

A sentence of 30 months’ imprisonment following a guilty plea to an offence of attempting to meet a child following sexual grooming was excessive where the defendant was a man of previous good character and there were no aggravating features. On the evidence, there was no justification for exceeding the two-year starting point recommended by the Sentencing Guidelines Council, from which a one-third deduction was appropriate for the guilty plea.