A sentence of 12 years’ imprisonment for rape was reduced to 10 and a half years where the sentencing judge had failed to have sufficient regard to the unusual circumstances of the offence, in particular the effect upon the offender and the complainant, his former partner, of the death of their child.
CRIMINAL LAW DOMESTIC VIOLENCE IMPACT OF CHILD’S DEATH MITIGATION RAPE RAPE OF LONG-TERM PARTNER SENTENCING SEXUAL OFFENCES SUFFICIENCY OF REGARD TO UNUSUAL CIRCUMSTANCES
A Crown Court judge presiding over a retrial had been wrong to designate a pre-trial hearing as a preparatory hearing, and so the Court of Appeal lacked jurisdiction to hear the defendants’ interlocutory appeal against his ruling that the complainant’s police interview and cross-examination at the original trial could be admitted as hearsay evidence at the retrial.
ADMISSIBILITY COMPLAINANT’S REFUSAL TO ATTEND RETRIAL COMPLEXITY CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.114(1)(d) CRIMINAL PROCEDURE CRIMINAL PROCEDURE AND INVESTIGATIONS ACT 1996 s.29 DESIGNATION AS PREPARATORY HEARING HEARSAY EVIDENCE JURISDICTION PRE-TRIAL HEARINGS PREPARATORY HEARINGS RULING AT HEARING ON ADMISSIBILITY OF COMPLAINANT’S EARLIER EVIDENCE AS HEARSAY s.114 s.114(2) s.114(2)(g) s.116 s.116(2) s.116(2)(b) s.116(2)(e) s.13(1) s.1311(1)(c) s.29(1) s.3(5) s.31 s.35(1) s.40 s.40(4) s.91(1) SERIOUSNESS AND LIKELY LENGTH OF TRIAL SERIOUSNESS OF OFFENCE SEXUAL OFFENCES
The whole of the term of an extended sentence under the Powers of Criminal Courts (Sentencing) Act 2000 s.85 constituted the term for which a person was “sentenced to imprisonment” for the purposes of determining the notification period under the Sexual Offences Act 2003 s.82(1). There was nothing arbitrary or disproportionate about the imposition of an indefinite notification period given the statutory purposes and the existence of review provisions under s.91A to s.91F of the 2003 Act.
art.14 DISCRIMINATION EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 EXTENDED SENTENCES HUMAN RIGHTS IMPRISONMENT LENGTH OF NOTIFICATION PERIOD BASED ON WHOLE OF EXTENDED SENTENCE MEANING OF “SENTENCED TO IMPRISONMENT” IN S.82(1) SEXUAL OFFENCES ACT 2003 NOTIFICATION REQUIREMENTS POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.85 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.40A s.51(2D) s.76 s.76(1) s.80(1) s.82 s.82(1) s.82(2) s.85(2) s.85(6) s.91A s.91F SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 Pt 2 WHETHER INDEFINITE NOTIFICATION ARBITRARY AND DISPROPORTIONATE
A sentence of 15 years’ imprisonment imposed for 12 counts of committing indecent assault was reduced to 12 years in the light of the maximum sentence for each offence, the sentencing guidelines, the offender’s age and disability, and the fact that for a historic offence he would serve two-thirds of his sentence in custody.
“HISTORIC” OFFENCES ABUSE OF POSITION OF TRUST FAMILIAL CHILD SEX OFFENCES INDECENT ASSAULT MAXIMUM SENTENCES SENTENCING SENTENCING GUIDELINES SENTENCING UNDER PRE-CRIMINAL JUSTICE ACT 2003 LAW SEXUAL OFFENCES TOTALITY OF SENTENCE TOTALITY OF SENTENCE IN LIGHT OF MAXIMUM SENTENCE FOR EACH OFFENCE
Where an 16-year-old offender had committed an offence of rape on an elderly woman, who was his grandmother, alone in her home at night after a forced entry, the circumstances were of such gravity that a sentence of life imprisonment was inevitable.
AGGRAVATING FEATURES ELDERLY WOMAN ALONE IN HOME AT NIGHT FORCED ENTRY LIFE IMPRISONMENT RAPE SENTENCE LENGTH SENTENCING SEXUAL OFFENCES WHETHER OFFENCE OF SUCH GRAVITY THAT LIFE IMPRISONMENT JUSTIFIED
An indeterminate sentence was quashed and replaced with an extended sentence of 12 years’ imprisonment, comprising a custodial term of seven-and-a-half years and an extended licence period of four-and-a-half years, following an offender’s conviction for rape. A pre-sentence report had detailed a significant change in the offender’s attitude towards the offence, in particular an acknowledgment of guilt.
EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION RAPE REAL PROGRESS MADE TOWARDS REDUCING RISK OF HARM TO PUBLIC SECOND OFFENCE OF RAPE SENTENCING SEXUAL OFFENCES
An extended licence period which had been imposed on a young man who had committed a number of offences against prostitutes would be reduced from five to three years to take into account his progress in prison and his acceptance of guilt.
EXTENDED SENTENCES EXTENSION PERIODS OFFENDER COMMITTING OFFENCES AGAINST PROSTITUTES RAPE ROBBERY SENTENCING SEXUAL OFFENCES THREATENING TO KILL WHETHER REDUCTION IN EXTENDED LICENCE PERIOD APPROPRIATE WOUNDING WITH INTENT
Where a defendant facing charges of sexual offences against young boys had denied being homosexual, but the prosecution had adduced evidence tending to show his homosexual disposition, there was a real risk that the jury might have drawn an inference that that evidence alone tended to show that he also had a propensity to abuse young boys. It was at least arguable that the judge should have warned the jury in strong terms not to draw such an inference.
ADMISSIBILITY CHILD SEX OFFENCES CRIMINAL EVIDENCE CRIMINAL PROCEDURE EVIDENCE OF HOMOSEXUAL DISPOSITION HOMOSEXUALITY INFERENCES JURIES JURY DIRECTIONS PERMISSION TO APPEAL PREJUDICE RISK OF JURY DRAWING DISCRIMINATORY INFERENCE REGARDING PROPENSITY TO ABUSE YOUNG BOYS SEXUAL OFFENCES
The court quashed a sentence of 14 months’ imprisonment imposed after an offender’s guilty plea to outraging public decency by taking video footage underneath women’s skirts without their knowledge. A community order with a requirement to attend a sex offender programme was more likely to lead to the offender’s rehabilitation than a custodial sentence and would therefore best serve the interests of the public.
COMMUNITY ORDERS OUTRAGING PUBLIC DECENCY PHOTOGRAPHS PROSPECTS OF REHABILITATION REHABILITATION SENTENCING SENTENCING GUIDELINES SEXUAL OFFENCES SUPERVISION REQUIREMENTS TAKING FOOTAGE UNDERNEATH WOMEN’S SKIRTS WITHOUT CONSENT VOYEURISM WHETHER CUSTODIAL SENTENCE APPROPRIATE
A judge had been entitled to continue a trial after one juror was discharged and there was nothing to suggest this had impacted on the fairness with which the remaining jurors had viewed the evidence. The jury had been placed under no pressure to return a verdict and had clearly taken care in analysing the evidence following a fair and balanced direction from the judge.
CHILD SEX OFFENCES CRIMINAL PROCEDURE DEADLOCK DISCHARGE DISCHARGE OF JURY JURORS POSSIBLE EFFECT ON FAIRNESS OF JURY AFTER DISCHARGE OF JUROR SEXUAL OFFENCES SPEED OF JURY’S SHIFT FROM DEADLOCK TO REACHING VERDICTS VERDICTS
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