An offence of sexual assault, although a bad offence within its category, did not justify the imposition of an extended sentence. A sentence of two years’ imprisonment was substituted.
An offence of sexual assault, although a bad offence within its category, did not justify the imposition of an extended sentence. A sentence of two years’ imprisonment was substituted.
CRIMINAL JUSTICE ACT 2003 Sch.15A DRAFTING EXTENDED SENTENCES RESIDENT OF CARE HOME CARRYING OUT VIOLENT SEXUAL ATTACK ON SOCIAL SERVICES MANAGER s.227 s.227(2) s.227(2)(a) SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS
The judge had been wrong to direct the acquittal of two of the four defendants in a case involving an allegation of the sexual abuse of a 13-year-old girl; evidence of collusion between the complainant and a witness might be used to cast doubt on their reliability and truthfulness but it should not have been used as a reason for stopping the case.
ACQUITTALS COLLUSION CRIMINAL EVIDENCE CRIMINAL PROCEDURE IDENTIFICATION RELIABILITY SEXUAL OFFENCES TERMINATING RULINGS WHETHER JUDGE CORRECT TO DIRECT ACQUITTAL OF TWO OF FOUR DEFENDANTS
The court determined the correct approach to sentencing in respect of sexual offences committed many years ago but only recently brought to conviction.
APPROACH TO SENTENCING SEXUAL OFFENCES COMMITTED MANY YEARS AGO BUT ONLY RECENTLY BROUGHT TO CONVICTION art.7(1) DATE OF OFFENCE DELAY EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.7 HUMAN RIGHTS RETROSPECTIVE PENALTIES SENTENCING SENTENCING GUIDELINES SENTENCING POWERS SEXUAL OFFENCES
A judge’s directions to a jury regarding the independence of evidence, the cross-admissibility of evidence over various counts and the danger of complaints of historic abuse were all sufficient and did not either individually or collectively render a defendant’s conviction for sexual offences unsafe.
APPEALS AGAINST CONVICTION CONTAMINATED EVIDENCE CRIMINAL PROCEDURE JURY DIRECTIONS SAFETY OF CONVICTIONS SEXUAL ABUSE OF STEPSONS SEXUAL OFFENCES SUFFICIENCY OF DIRECTIONS TO JURY
Although cross-examination which had invited impermissible speculation by the defendant should not have been allowed, that was insufficient to support a conclusion that his conviction for rape, buggery and indecent assault was unsafe, there being no other basis on which to undermine the jury’s acceptance of the significant DNA evidence.
ADMISSIBILITY APPEAL AGAINST CONVICTION FOR HISTORIC SEXUAL ASSAULT BASED ON DNA EVIDENCE BUGGERY CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION DNA EVIDENCE EFFECT ON SAFETY OF CONVICTION OF CROSS-EXAMINATION OF DEFENDANT INVITING IMPERMISSIBLE SPECULATION INDECENT ASSAULT RAPE s.14(1) SEXUAL OFFENCES SEXUAL OFFENCES ACT 1956 s.12(1) SUMMING UP
A minimum term of five-and-a-half years’ imprisonment for committing an offence with intent to commit a sexual offence was reduced to four-and-a-half years, because it was disproportionate to the five-year starting point for an actual single offence of rape.
COMMITTING AN OFFENCE WITH INTENT TO COMMIT A SEXUAL OFFENCE CRIMINAL JUSTICE ACT 2003 s.229 DANGEROUSNESS IMPRISONMENT FOR PUBLIC PROTECTION MINIMUM TERM OFFENDER INTENDING TO RAPE YOUNG WOMAN s.224 s.225 s.225(1)(b) s.225(b) s.62 s.62(4) Sch.15 SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.62(1)
Although a judge in a rape trial had not specifically directed the jury that evidence given by witnesses of what the complainant had told them after the incident was not independent evidence of the acts complained of, there had, in the circumstances, been no real risk of the jury assuming that it was.
COMPLAINTS CREDIBILITY CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.120 CRIMINAL PROCEDURE EVIDENCE FROM WITNESSES TO WHOM COMPLAINT MADE INDEPENDENT NATURE OF COMPLAINANT’S EVIDENCE JURY DIRECTIONS PREVIOUS CONSISTENT STATEMENTS RECENT COMPLAINT s.120(7) SEXUAL OFFENCES VICTIMS
Inconsistent jury verdicts on one count of vaginal rape and one count of oral rape, arising out of same incident and given following a direction sanctioned by R. v Watson (Darren Antonio) [1988] Q.B. 690, were an unacceptable compromise and consequently unsafe.
CRIMINAL PROCEDURE INCONSISTENT VERDICTS INCONSISTENT VERDICTS ON SEPARATE COUNTS OF RAPE ARISING OUT OF SAME INCIDENT JURY DIRECTIONS MAJORITY VERDICTS RAPE SAFETY OF CONVICTION SEXUAL OFFENCES UNSAFE CONVICTIONS WATSON DIRECTION WATSON DIRECTIONS
Although a judge’s summing up and jury directions could have been more detailed and better tailored to the facts, they were not so deficient as to affect the safety of a conviction for the commission of sexual offences.
COLLUSION CRIMINAL JUSTICE ACT 2003 s.119(1) CRIMINAL PROCEDURE EFFECT OF SUMMING UP AND JURY DIRECTIONS ON SAFETY JURY DIRECTIONS NO CASE TO ANSWER PREVIOUS INCONSISTENT STATEMENTS s.114(2) s.119 SAFETY OF CONVICTION SEXUAL OFFENCES SUMMING UP
An extended sentence of 12 years, comprising a custodial term of nine years and an extension period of three years, was appropriate in the case of an offender who had committed a sustained and violent rape of another male.
RAPE SENTENCE LENGTH SENTENCING SEXUAL OFFENCES VIOLENCE VIOLENT RAPE OF ANOTHER MALE
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