A jury had not acted inconsistently in finding two young offenders guilty of oral rape but not guilty of sexual assault, even though the charges represented a sequence of events over the course of a 30-minute period and the central issue was consent. On the evidence, there was no logical inconsistency in the verdicts.
ACQUITTAL ON OTHER CHARGES OF ORAL RAPE AND SEXUAL ASSAULT ARISING OUT OF 30-MINUTE INCIDENT CONSENT CONVICTION ON ONE CRIMINAL PROCEDURE INCONSISTENT VERDICTS NORTHERN IRELAND RAPE SENTENCING STARTING POINT WHETHER VERDICTS LOGICALLY INCONSISTENT YOUNG OFFENDERS
A total sentence of five years’ imprisonment imposed for two sexual assaults was manifestly excessive and was reduced to three years. The judge had been entitled to find that the aggravating features moved the offences out of the third category in the definitive guideline for sexual assault, but he had erred in passing a sentence on one count which was at the starting point of the first category.
AGGRAVATING FEATURES CONSECUTIVE SENTENCES CRIMINAL JUSTICE ACT 2003 Pt 12 s.225 DANGEROUS OFFENDER PROVISIONS NOT APPLICABLE DANGEROUS OFFENDERS JUDGE ERRING IN CALCULATION OF SENTENCE WITH REGARD TO AGGRAVATING FEATURES Pt 12 s.227 s.225 s.227 s.240 SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT
Although imprisonment for public protection was a sentence of last resort, it was appropriate where there was nothing to say that the risk posed by a dangerous defendant would be significantly reduced by the time of the projected release date from a determinate or extended sentence.
ASSAULT OF CHILD UNDER 13 BY PENETRATION CRIMINAL JUSTICE ACT 2003 DANGEROUSNESS IMPRISONMENT FOR PUBLIC PROTECTION NO EVIDENCE THAT RISK POSED BY OFFENDER WOULD BE REDUCED BY RELEASE DATE RAPE OF CHILD UNDER 13 SENTENCING UNLAWFUL SENTENCES
An indeterminate sentence was quashed and replaced with an extended sentence of 12 years’ imprisonment, comprising a custodial term of seven-and-a-half years and an extended licence period of four-and-a-half years, following an offender’s conviction for rape. A pre-sentence report had detailed a significant change in the offender’s attitude towards the offence, in particular an acknowledgment of guilt.
EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION RAPE REAL PROGRESS MADE TOWARDS REDUCING RISK OF HARM TO PUBLIC SECOND OFFENCE OF RAPE SENTENCING SEXUAL OFFENCES
A sentence of 18 months’ imprisonment following guilty pleas to six counts of taking indecent photographs of a child contrary to the Protection of Children Act 1978 s.1 was not manifestly excessive. However, a deprivation order pursuant to the Powers of Criminal Courts (Sentencing) Act 2000 s.143 for forfeiture of his computer went too far and was quashed.
APPROPRIATENESS OF ORDER FOR FORFEITURE OF COMPUTER CRIMINAL LAW DEPRIVATION OF PROPERTY USED FOR PURPOSES OF CRIME DEPRIVATION ORDERS INDECENT PHOTOGRAPHS OF CHILDREN POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.143 PROTECTION OF CHILDREN ACT 1978 s.1 s.1(1)(a) SENTENCE LENGTH SENTENCING
An extended licence period which had been imposed on a young man who had committed a number of offences against prostitutes would be reduced from five to three years to take into account his progress in prison and his acceptance of guilt.
EXTENDED SENTENCES EXTENSION PERIODS OFFENDER COMMITTING OFFENCES AGAINST PROSTITUTES RAPE ROBBERY SENTENCING SEXUAL OFFENCES THREATENING TO KILL WHETHER REDUCTION IN EXTENDED LICENCE PERIOD APPROPRIATE WOUNDING WITH INTENT
When sentencing an offender for making and distributing indecent images of children, a judge had been entitled to take a high starting point above the sentencing guidelines to reflect the scale, gravity and grotesqueness of the material before him. However, extended sentences relating to possession of such images had to be corrected as they exceeded the maximum sentences allowable.
CORRECTIONS TO POSSESSION SENTENCES WHERE ABOVE MAXIMUM SENTENCES ALLOWED CRIMINAL JUSTICE ACT 1988 s.160 CRIMINAL JUSTICE AND IMMIGRATION ACT 2008 s.63(7) DANGEROUSNESS EXTENDED SENTENCES GRAVITY AND SCALE OF MATERIAL HIGH STARTING POINT ABOVE SENTENCING GUIDELINES INDECENT PHOTOGRAPHS OF CHILDREN POSSESSION OF EXTREME PORNOGRAPHIC IMAGES SENTENCING UNLAWFUL SENTENCES
A sentence of eight years’ imprisonment was the very minimum that the court could impose following a plea of guilty to the rape of a young boy, which had been committed in breach of trust and against a background of repeated and regular sexual abuse. The court would be sympathetic to those who had been abused themselves, but such abuse could not excuse a child victim turning adult predator. The sentence of four-and-a-half years’ imprisonment was unduly lenient.
ABUSE OF POSITION OF TRUST APPROPRIATE DETERMINATE SENTENCE INDECENCY INDECENT PHOTOGRAPHS OF CHILDREN RAPE REPEATED AND REGULAR SEXUAL ABUSE OF TWO CHILD VICTIMS OVER MANY YEARS BY OFFENDER WHO HAD ALSO BEEN ABUSED SENTENCE LENGTH SENTENCING SEXUAL ACTIVITY WITH CHILD FAMILY MEMBERS SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL GROOMING UNDUE LENIENCY YOUNG OFFENDERS
A judge could not be criticised for making a finding of dangerousness in respect of a man of previous good character who had repeatedly raped his wife. Imprisonment for public protection with a minimum term of eight years was not excessive. The fact that the offender had been brought up in Pakistan to believe that he had a right to rape his wife was no basis for leniency.
DANGEROUSNESS IMPRISONMENT FOR PUBLIC PROTECTION MINIMUM TERM RAPE REPEATED RAPE OF SPOUSE IN ARRANGED MARRIAGE SENTENCING SPOUSES WHETHER OFFENDER “DANGEROUS” OUTSIDE OF MARRIAGE WHETHER OFFENDER’S NON-BRITISH UPBRINGING ENTITLED HIM TO SENTENCING LENIENCY
The court set aside a sentence of imprisonment for public protection imposed on an offender who had been convicted of raping his two stepdaughters over a number of years. Although the offender was dangerous and posed a high risk of harm, the public could adequately be protected by the imposition of a 20-year extended sentence.
CHOICE OF IMPRISONMENT FOR PUBLIC PROTECTION OR EXTENDED SENTENCE DANGEROUS OFFENDERS EXTENDED SENTENCE OFFERING ADEQUATE PROTECTION AGAINST RISK EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION OFFENDER RAPING STEPDAUGHTERS RAPE SENTENCING STEPCHILDREN
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