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Top Criminal Barrister QC and Leading Rape Defence Counsel

SEXUAL ACTIVITY WITH CHILD FAMILY MEMBERS

July 4, 2012

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

December 16, 2009

Where the cross-examination of a complainant under the Youth Justice and Criminal Evidence Act 1999 s.41(1) to show that her allegations of sexual abuse against an individual were false, and therefore that her allegations against the defendant were likely to be false, meant that the jury would have been told about the individual’s limited admissions to the allegations, there was no real prospect that the jury would infer that the allegations were false, and an application under s.41(1) was refused.

APPLICATION UNDER S.41(1) OF YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 TO CROSS-EXAMINE WITNESS CHILD SEX OFFENCES CREDIBILITY CRIMINAL EVIDENCE CROSS-EXAMINATION EFFECT OF ALLEGATIONS MADE AGAINST THIRD PARTY ON ALLEGATIONS MADE AGAINST DEFENDANT SEXUAL ACTIVITY WITH CHILD FAMILY MEMBERS SEXUAL OFFENCES TRUTHFULLNESS OF ALLEGATIONS MADE AGAINST THIRD PARTY WITNESSES YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.41(1)

February 17, 2009

A sentence of nine months’ imprisonment suspended for two years with a two year residence requirement imposed on an offender following his pleas of guilty to four counts of sexual activity with a child family member was unduly lenient but was not altered as there were sufficient exceptional circumstances.

ADMISSIONS BASIS OF PLEA CHILD SEX OFFENCES FAMILY RELATIONSHIPS LAWFULNESS OF SHORT SUSPENDED SENTENCE s.2(5) SENTENCING SEXUAL ACTIVITY WITH CHILD FAMILY MEMBERS SEXUAL OFFENCES ACT 2003 s.104 UNDUE LENIENCY

February 29, 2008

Although a sentence of four years’ detention in a young offender institution imposed for sexual assault of a child under 13 and of causing or inciting a child under 13 to engage in sexual activity was severe, it was not manifestly excessive.

AGE CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILD SEXUAL ABUSE CRIMINAL LAW SENTENCING SEXUAL ACTIVITY WITH CHILD FAMILY MEMBERS SEXUAL ASSAULT SEXUAL OFFENCES

February 27, 2008

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

January 30, 2007

A judge had erred in her belief that the maximum sentence available for indecent assault was 10 years’ imprisonment and had subsequently imposed an unduly lenient extended sentence.

AGGRAVATING FEATURES INDECENT ASSAULT MAXIMUM SENTENCES s.15(1) SENTENCE LENGTH SENTENCING SENTENCING TARIFF SEXUAL ACTIVITY WITH CHILD FAMILY MEMBERS SEXUAL OFFENCES ACT 1956 s.15 UNDUE LENIENCY

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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