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Top Criminal Barrister QC and Leading Rape Defence Counsel

SENTENCING

December 6, 2019

Despite inadmissible opinion evidence from prosecution witnesses having been adduced before the jury, convictions for sexual assault and assault by penetration were safe.

ASSAULT BY PENETRATION CRIMINAL EVIDENCE OPINION EVIDENCE PROSECUTION WITNESSES RISK OF HARM SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT SEXUAL HARM PREVENTION ORDERS

September 17, 2019

A challenge, by way of judicial review, by a young offender convicted of the murder and rape of a 14-year-old girl, to an excepting direction which discharged a reporting restriction order imposed under the Youth Justice and Criminal Evidence Act 1999 s.45(3), was refused.

ADMINISTRATION OF JUSTICE ANONYMITY CRIMINAL PROCEDURE CULPABILITY DETENTION AT HER MAJESTY’S PLEASURE EXCEPTING DIRECTIONS IDENTIFICATION JURISDICTION MENTALLY DISORDERED OFFENDERS MINIMUM TERM MURDER OPEN JUSTICE RAPE REPORTING RESTRICTIONS SENTENCING YOUNG OFFENDERS

September 3, 2019

A sentence of 16 months’ imprisonment imposed on a man in his early 20s who had shared indecent images of children with workmates on a building site, but had done so for shock value and had no unhealthy interest in children, was suspended on appeal. An immediate custodial sentence was disproportionate where the possession and distribution had been limited, he had acted out of extreme stupidity, was of previous good character and where his mother was dependent on him financially and as her carer.

CUSTODIAL SENTENCES INDECENT PHOTOGRAPHS OF CHILDREN MITIGATION SENTENCING SENTENCING GUIDELINES SUSPENDED SENTENCES

May 31, 2019

A custodial sentence of 9 years and 6 months and a further probation period of one year imposed on a 91-year-old former monk for historical offences of indecent assault, buggery and attempted buggery was unduly lenient, and was replaced with a custodial term of 12 years.

AGE BUGGERY CHILD SEX OFFENCES DELAY GUILTY PLEAS HISTORICAL OFFENCES INDECENT ASSAULT NORTHERN IRELAND PROBATION ORDERS REDUCTION OF SENTENCE SENTENCING UNDUE LENIENCY

May 23, 2019

The appropriate total sentence for two offences of sexual assault and one of blackmail was an immediate custodial term of three years. When imposing a suspended sentence of 18 months’ imprisonment, the sentencing judge had given too much weight to mitigating factors, including the fact that the offender had Asperger’s Syndrome, and insufficient weight to the seriousness of the blackmail offence. He had also erred in finding that the victim’s apparent consent to sexual activity on one occasion had lessened the seriousness of the subsequent sexual assaults.

AUTISTIC SPECTRUM DISORDER BLACKMAIL CUSTODIAL SENTENCES SENTENCE LENGTH SENTENCING SERIOUSNESS OF OFFENCE SEXUAL ASSAULT TOTALITY OF SENTENCE UNDUE LENIENCY

May 16, 2019

A sentence of five months’ imprisonment which had been imposed on a father following his conviction for sexually assaulting his two-year-old son was unduly lenient. The offence merited a sentence of 18 months’ imprisonment together with the imposition of a sexual offences prevention order.

NORTHERN IRELAND SENTENCE LENGTH SENTENCING SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES PREVENTION ORDERS UNDUE LENIENCY

May 2, 2019

As the Attorney General had a statutory responsibility to personally consider whether sentences should be referred to the Court of Appeal as unduly lenient, it was inimical to the public interest for judges, when exercising their discretion as to the provision of a transcript of a sentence hearing, to restrict or limit the provision of such information on such a request from the Attorney General.

ABUSE OF POSITION OF TRUST COMMUNITY SENTENCES CONDITIONAL DISCHARGE CRIMINAL JUSTICE ACT 1988 Pt IV s.36(1) CRIMINAL PROCEDURE JUDGES POWERS RIGHTS AND DUTIES SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT TRANSCRIPTS UNDUE LENIENCY

March 28, 2019

There might be cases where guidance from the trial judge on myths and stereotypes in rape cases would be appropriate to benefit a defendant, but the instant case, in which the defendant was charged with perjury and perverting the course of justice after making repeated and false allegations of rape, was not one of them. Given the evidence called, even if the guidance had been given, it would not have assisted the defendant.

CRIMINAL PROCEDURE JURY DIRECTIONS PERJURY PERVERTING THE COURSE OF JUSTICE RAPE SENTENCE LENGTH SENTENCING STEREOTYPING VICTIMS

March 19, 2019

Total sentences of six years and nine months’ imprisonment and six years’ imprisonment imposed on a male and female offender respectively following guilty pleas to child sex offences were lenient, but not unduly lenient. The female offender had sent the male offender images of her and her daughter, aged between two and six, engaging in sexual activity. The offending had been rightly categorised in Category 2A of the relevant guideline and the judge’s approach to sentencing was not flawed.

ABUSE OF POSITION OF TRUST CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY FAMILIAL CHILD SEX OFFENCES INDECENT PHOTOGRAPHS OF CHILDREN SENTENCING UNDUE LENIENCY

February 26, 2019

The terms of a sexual offences prevention order imposed on an offender who had been sentenced for voyeurism, which included an almost blanket ban on using the internet, were changed where its terms did not conform to the guidance given in R. v Smith (Steven) [2011] EWCA Crim 1772 with the result that it was unworkable and disproportionate.

APPEALS CRIMINAL PROCEDURE INDECENT PHOTOGRAPHS OF CHILDREN LISTING POSSESSION OF EXTREME PORNOGRAPHIC IMAGES PROPORTIONALITY SENTENCING SEXUAL OFFENCES PREVENTION ORDERS VOYEURISM

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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