A suspended sentence of two years’ imprisonment was increased by lifting the suspended element and imposing an immediate two-year custodial sentence, for an offender who had pleaded guilty to ten counts of historic sexual abuse. The court noted that this was an exceptional case, in which the offender had volunteered the fact of a second victim, and said it should not be treated as a precedent.
“HISTORIC” OFFENCES APPROPRIATENESS OF SUSPENDED SENTENCE ASSAULT OF CHILD UNDER 13 BY PENETRATION INDECENT ASSAULT s.14(1) s.6 SENTENCING SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES ACT 1956 s.7 SEXUAL OFFENCES ACT 2003 SUSPENDED SENTENCES UNDUE LENIENCY
There was no need for the Sexual Offences Act 2003 to contain express wording to enable a person who was subject to a sexual offences prevention order to be required to wear an electronic monitoring device or tag when he was away from his residence. The interference with the person’s rights under the ECHR art.8 was in accordance with the law.
CRIMINAL PROCEDURE ELECTRONIC MONITORING EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS MANDATORY REQUIREMENTS NO NEED FOR EXPRESS WORDING PENOLOGY AND CRIMINOLOGY PROHIBITION REQUIREMENT TO WEAR ELECTRONIC TAG RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.104 s.104(1)(a) s.104(5) s.106 s.106(3) s.107 s.107(2) s.108 s.108(5) s.113 s.4 Sch.3 SENTENCING SEXUAL OFFENCES ACT 2003 SEXUAL OFFENCES ACT 2003 s.107(1) SEXUAL OFFENCES PREVENTION ORDERS STATUTORY INTERPRETATION VARIATION
An individual had been incorrectly convicted of a historic offence of rape against a family member because, at the relevant time, anal penetration did not constitute that offence under the Sexual Offences Act 1956 s.1. It was appropriate to substitute an alternative conviction for indecent assault, as the facts fell within the scope of s.14(1) of the 1956 Act, and the test set out in R. v Graham (Hemamali Krishna) [1997] 1 Cr. App. R. 302 was satisfied.
“HISTORIC” OFFENCES ALTERNATIVE CHARGES CRIMINAL APPEAL ACT 1968 CRIMINAL PROCEDURE RAPE s.14 s.14(1) s.2 s.3 SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 1956 s.1 SEXUAL OFFENCES ACT 2003 TOTALITY OF SENTENCE YOUNG OFFENDERS
An error on an indictment in respect of the date of the Act under which a charge of rape had been made was a procedural error that caused no prejudice and did not render the indictment or the trial a nullity, as the offender had been aware of the case he had to meet and the trial had proceeded on the basis of the correct Act.
CRIMINAL PROCEDURE CRIMINAL PROCEDURE RULES 2013 r.14.2 DATES EFFECT OF ERROR IN DATE OF SEXUAL OFFENCES ACT IN STATEMENT OF OFFENCE INDICTMENTS INDICTMENTS ACT 1915 s.3 LEGISLATION PROCEDURAL IRREGULARITY RAPE SEXUAL OFFENCES ACT 1956 SEXUAL OFFENCES ACT 2003 TRIAL PROCEEDING ON BASIS OF CORRECT ACT VALIDITY
Convictions on charges of rape and living on prostitution brought under the Sexual Offences Act 2003 were quashed where the indictment had alleged that the offences had occurred between dates straddling the entry into force of the Act, and there was no evidence to show under which statutory regime the offences had fallen.
CRIMINAL JUSTICE ACT 2003 s.225 CRIMINAL LAW CROWN UNABLE TO PROVE WHETHER OFFENCES COMMITTED BEFORE OR AFTER ENTRY INTO FORCE OF SEXUAL OFFENCES ACT 2003 DATE OF OFFENCE FAILURE TO COMPLY WITH TRANSITIONAL PROVISIONS IMPRISONMENT FOR PUBLIC PROTECTION s.113 SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 SUPPLY OF DRUGS TRANSITIONAL PROVISIONS VIOLENT CRIME REDUCTION ACT 2006 s.55
The test for recommending the deportation of an offender, which was whether his continued presence was to the detriment of the country or community, was met in the case of a brothel keeper whose commercial enterprise encouraged the influx of illegal immigrants and thrived on the use of them, extracting substantial profit for those who carried out the services.
COERCION ENCOURAGEMENT OF INFLUX OF ILLEGAL IMMIGRANTS KEEPING BROTHELS RECOMMENDATIONS FOR DEPORTATION SENTENCING SEXUAL OFFENCES ACT 2003 SUBSTANTIAL PROFIT DERIVED FROM SERIOUS OFFENCES
A sentence of 20 years’ imprisonment for 13 counts of sexual offences involving young children, including rape, was not manifestly excessive as although R. v Millberry (William Christopher) [2002] EWCA Crim 2891, [2003] 1 W.L.R. 546 indicated that the appropriate starting point for a campaign of rape was 15 years, that was a starting point and not a finishing point, and the definitive sentencing guidelines applied.
ASSAULT BY PENETRATION CAMPAIGN OF RAPE CHILD SEX OFFENCES INDECENT ASSAULT RAPE SENTENCE LENGTH SENTENCING SENTENCING TARIFF SEXUAL ASSAULT SEXUAL OFFENCES ACT 1956 SEXUAL OFFENCES ACT 2003 STARTING POINT FOR SENTENCING
Where a judge had given a direction to the jury that it was not to convict the defendant only on the basis of his similar previous conviction and, looking at the matter overall, the judge had properly admitted evidence of the previous conviction under the Criminal Justice Act 2003 s.101(1)(g).
ADMISSIBILITY ADMISSION OF EVIDENCE OF PREVIOUS CONVICTION UNDER S.101(1)(G) CRIMINAL JUSTICE ACT 2003 APPROPRIATENESS OF ADMISSION IN LIGHT OF RELEVANT JURY DIRECTION CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(d) CRIMINAL PROCEDURE GUILTY PLEAS JURY DIRECTIONS PREVIOUS CONVICTIONS s.101(1)(g) s.101(3) s.101(4) s.103 SEXUAL OFFENCES ACT 2003
Whilst battery with intent to commit a sexual offence was one of several new offences contained in the Sexual Offences Act 2003 , conduct giving rise to those new offences was not new and authorities decided before the Act continued to provide guidance for sentencers.
BATTERY BATTERY WITH INTENT TO COMMIT A SEXUAL OFFENCE BATTERY WITH INTENT TO COMMIT SEXUAL OFFENCE GUIDANCE S.62 SEXUAL OFFENCES ACT 2003 SENTENCING SENTENCING APPROACH SENTENCING GUIDELINES SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 SEXUAL OFFENCES ACT 2003 s.62
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