A sentence of two years’ imprisonment following a guilty plea to three counts of sexual activity with a child was manifestly excessive given that the child was almost 16 at the time and the age disparity between the child and the offender was relatively small. A sentence of 30 weeks’ imprisonment was substituted for the […]
A notional determinate sentence that equated to 30 years’ imprisonment before a one-third reduction for guilty pleas, which had formed the basis for calculating the specified minimum term of a life sentence imposed for 28 counts relating to the sexual abuse of five boys, was excessive and reduced to 20 years.
A conviction for offences of rape and indecent assault of a child was safe despite fresh evidence that questioned the basis for the expert medical evidence at trial, as it did not undermine the evidence and credibility of the victim.
A disqualification from working with children was inappropriate where the offender posed a low risk of harm to young girls only and it was therefore replaced with a sexual offences prevention order reflecting this.
A sentence of imprisonment for public protection was inappropriate where there was evidence to suggest that a defendant’s repressed paedophilic tendencies could be controlled and minimised with effective treatment.
Sentences of four and two years’ imprisonment were appropriate in the case of a husband and wife who had involved two 14-year-old girls in sexual activity.
In change of law cases it was not open to the Criminal Cases Review Commission lawfully to apply a policy that it was under no obligation to have regard to the practice of the Court of Appeal Criminal Division and accordingly just as the court would not normally extend time in such cases, a conviction […]
A judge was wrong to assess a defendant as posing a significant risk of causing serious harm to the public where the evidence did not support the requirement that the harm would result in death or serious personal injury.
There might be occasions, in which a sexual offences prevention order under the Sexual Offences Act 2003 s.104 was made to protect a child of a defendant, where the family court’s jurisdiction should be reflected in the order because of the additional flexibility it provided. In the circumstances a s.104 order was varied to provide […]
The judge’s summing up had devalued the importance of the effect of the delay between the offences and trial. In the particular circumstances of the case a direction should have been given, warning the jury of convicting the appellant of sexual offences without independent supporting evidence.
