SEXUAL ASSAULT OF CHILD UNDER 13

Despite the absence of certain evidence at trial, the appellant’s convictions for sexual assault and rape of his half-sister were safe, because the totality of the trial process including the directions given and the summing up was fair.

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.

A conviction for sexual assault was safe, even though a central piece of evidence for the prosecution was the hearsay statement of the two-and-a-half-year-old victim. The statement had properly been admitted under the Criminal Justice (Evidence) (Northern Ireland) Order 2004 art.18(1)(d) and the judge had given appropriate directions to the jury about how it was to be treated.

A term of two years imprisonment suspended for two years imposed for seven counts of sexual assault of a child over 13, which occurred 20-25 times over a five-month period on an eight-year-old girl was unduly lenient. Although the judge had given reasons for departing significantly from the relevant sentencing guidelines by reference to the offender’s “childlike mentality” and vulnerability, that did not justify such a departure and the appropriate sentence was one of three years’ imprisonment.

While a judge’s summing-up could have been more clearly expressed, it was not confusing, did not advocate the prosecution case and it did not render the trial unfair. Trial judges were reminded of the guidance and draft directions contained in the Crown Court Compendium. Those directions provided judges with an invaluable resource which, when adapted to the facts of a case, provided an appropriate framework for a legally correct direction.

Evidence of a step-father’s controlling behaviour towards his wife and step-son had been relevant evidence at his trial for 16 sexual offences against his step-daughter, as his defence was that his step-daughter was lying and exaggerating his controlling behaviour and the evidence was relevant to the issue of her credibility. A total sentence of 22 years’ imprisonment was not manifestly excessive.

Where a single mother had stabbed to death a man who lived on the same estate and who had been charged with sexual assault on her children, a sentence of 42 months’ imprisonment for manslaughter by reason of loss of control had been unduly lenient and was replaced by a sentence of seven-and-a-half years.

A sentence of nine years’ imprisonment, following convictions for three historic offences of sexual assault against a child, was increased to 14 years’ where the offending had been frequent and repeated and where the judge had wrongly constrained himself by the maximum sentence available for a single offence.

A sentence of 17 years and 2 months’ imprisonment with an eight-year extension period imposed for child sex offences was justified as the offender had carried out the systemic and sustained abuse of his step-daughter from age 6 to 11 and of her cousin, who suffered from autism, at age 12.