A finding of fact of sexual assault in welfare proceedings was upheld in circumstances where the interview and preparation process for a child’s Achieving Best Evidence interviews was sufficiently robust so as to enable the recorded and written records to be taken as a source of reliable evidence and where the judge’s characterisation of the influences on the child was not too narrow a consideration of all the background material.
BEST EVIDENCE CHILDREN’S WELFARE CRIMINAL EVIDENCE FAMILY LAW FINDING OF FACT OF SEXUAL ASSAULT INTERVIEW AND PREPARATION PROCESS INTERVIEWS SEXUAL ASSAULT OF CHILD UNDER 13 WEIGHT ACCORDED TO ACHIEVING BEST EVIDENCE INTERVIEWS WITNESS COACHING
A trial judge had a wide discretion as to what warning, if any, he gave to a jury in relation to a witness’s alleged unreliability. In the instant case, the judge had given an adequate and appropriate warning to the jury with regard to the inconsistencies in the complainant’s evidence and an admitted lie, and the offender’s conviction for indecent assault and rape was safe.
CREDIBILITY CRIMINAL EVIDENCE CRIMINAL PROCEDURE DISCRETION INDECENT ASSAULT JURY DIRECTIONS LIE TOLD BY COMPLAINANT LUCAS DIRECTIONS RAPE SEXUAL ASSAULT OF CHILD UNDER 13 STRENGTH OF WARNING TO JURY AS TO NEED FOR CAUTION WITNESSES
A discretionary life sentence imposed under the Powers of Criminal Courts (Sentencing) Act 2000 for assault on a child under 13 by penetration was not excessive. The offender was a predatory paedophile with previous convictions for sexual offences against children and the offence was of sufficient seriousness to warrant life imprisonment.
ASSAULT OF CHILD UNDER 13 BY PENETRATION CHILD SEX OFFENCES DANGEROUS OFFENDERS DISCRETIONARY LIFE IMPRISONMENT DISCRETIONARY LIFE SENTENCE OFFENCES OCCURRING IN 2004/2005 POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.76 s.82(2)(b) s.85 s.91 SENTENCING SENTENCING GUIDELINES SERIOUSNESS OF OFFENCE SERIOUSNESS OF OFFENCE AND DANGEROUSNESS OF OFFENDER SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT OF CHILD UNDER 13
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 sentence of three-and-a-half years’ imprisonment was appropriate in the case of a 69-year-old man who had pleaded guilty to causing or inciting a child under 13 to engage in sexual activity and to sexual assault of a child under 13 after he had groomed and sexually assaulted a seven-year-old girl.
CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILD SEX OFFENCES ELDERLY MAN GROOMING VERY YOUNG GIRL SENTENCE LENGTH SENTENCING SEXUAL ASSAULT OF CHILD UNDER 13 UNDUE LENIENCY
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