An offence of sexual assault, although a bad offence within its category, did not justify the imposition of an extended sentence. A sentence of two years’ imprisonment was substituted.
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An offence of sexual assault, although a bad offence within its category, did not justify the imposition of an extended sentence. A sentence of two years’ imprisonment was substituted.
CRIMINAL JUSTICE ACT 2003 Sch.15A DRAFTING EXTENDED SENTENCES RESIDENT OF CARE HOME CARRYING OUT VIOLENT SEXUAL ATTACK ON SOCIAL SERVICES MANAGER s.227 s.227(2) s.227(2)(a) SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS
The court determined the correct approach to sentencing in respect of sexual offences committed many years ago but only recently brought to conviction.
APPROACH TO SENTENCING SEXUAL OFFENCES COMMITTED MANY YEARS AGO BUT ONLY RECENTLY BROUGHT TO CONVICTION art.7(1) DATE OF OFFENCE DELAY EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.7 HUMAN RIGHTS RETROSPECTIVE PENALTIES SENTENCING SENTENCING GUIDELINES SENTENCING POWERS SEXUAL OFFENCES
Taking into account the exceptional circumstances, a sentence of 30 months’ detention imposed upon a 17-year-old offender for rape of a child under 13 was excessive where the offender had had consensual sexual intercourse with a 12-year-old girl, believing her to be nearly 15 years of age. The appropriate sentence was a 12 month detention and training order.
CHILD SEX OFFENCES CONSENSUAL SEXUAL INTERCOURSE BETWEEN 17-YEAR-OLD OFFENDER AND 12-YEAR-OLD GIRL RAPE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL OFFENCES ACT 2003 s.5 YOUNG OFFENDERS
A sentence of one year’s imprisonment suspended for two years with a two-year supervision requirement imposed on an offender for five counts of sexual assault was unduly lenient and was increased to 15 months’ imprisonment. There had been no justification for departing from the Sexual Offences Act 2003 Definitive Guideline and the judge had erred in not giving reasons for doing so.
CHILD SEX OFFENCES PROPRIETY OF DEPARTING FROM GUIDELINE REASONS SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT SEXUAL OFFENCES ACT 2003 DEFINITIVE GUIDELINE UNDUE LENIENCY
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.
ABUSE OF POSITION OF TRUST ABUSE OF POSITION OF TRUST BUT NO PHYSICAL HARM CAUSED ASSAULT BY PENETRATION CHILD SEX OFFENCES FAMILIAL CHILD SEX OFFENCES INDECENT PHOTOGRAPHS OF CHILDREN PERVERTING THE COURSE OF JUSTICE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT ON TWO-YEAR-OLD STEPGRANDDAUGHTER
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.
ATTEMPTS CHILD SEX OFFENCES MEETING CHILDREN FOLLOWING SEXUAL GROOMING SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL COMMUNICATION OVER INTERNET WITH UNDERCOVER POLICE OFFICER POSING AS A 14-YEAR-OLD GIRL
When determining sentence for an offence of causing a public nuisance where the circumstances leading up to the charge were of a sexual nature, the sentencing judge had to be guided as far as possible by the guideline for sexual offences issued by the Sentencing Guidelines Council even though the offence in question was a common law offence not an offence under the sexual offences legislation.
CRIMINAL LAW MAKING SEXUALLY EXPLICIT TELEPHONE CALLS TO WOMEN OFFENCES AGAINST PUBLIC MORALS PUBLIC NUISANCE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL OFFENCES TELEPHONE CALLS
A sentence of six years’ imprisonment imposed for rape was replaced with a sentence of four years’ imprisonment as the standard five year starting point identified in the sentencing guidelines had not been followed.
APPROPRIATE STARTING POINT RAPE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL OFFENCES VIOLENCE
Sentences of four years’ imprisonment for sexual offences against a mentally disordered person were unduly lenient given the repeated nature of the offences. A total sentence of five and a half years was substituted which included a substantial discount for an unsatisfactory sentencing process.
AGGRAVATING FEATURES AGGRAVATING FEATURES INCLUDING REPEATED NATURE OF OFFENCES CRIMINAL JUSTICE ACT 2003 s.227 s.224 s.30(3) SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.30(1) SEXUAL OFFENCES AGAINST MENTALLY DISORDERED PERSONS UNDUE LENIENCY
A sentence of 40 months’ imprisonment for conspiracy to traffic into the United Kingdom for sexual exploitation contrary to the Sexual Offences Act 2003 s.57 was excessive in light of a defendant’s lack of previous convictions, his young age, the limited scale of the criminal operation and his plea of guilty.
AGGRAVATING FEATURES CONSPIRACY GUILTY PLEAS s.52 SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.57 STARTING POINTS TRAFFICKING FOR SEXUAL EXPLOITATION
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