SPECIMEN CHARGES

November 18, 2014

A trial for three specimen offences of sexual activity with a child had been fair, even though the complainant’s cross-examination was cut short due to her extreme distress. The defendant’s principal defence had been put to her, and there was other evidence upon which the jury could rely. The resulting sentence of nine years’ imprisonment was appropriate given that the defendant had committed numerous similar offences against the complainant while the sentencing guidelines were aimed at a single offence.

CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION FAIRNESS OF TRIAL WHERE CROSS-EXAMINATION OF COMPLAINANT CUT SHORT DUE TO EXTREME DISTRESS RIGHT TO FAIR TRIAL SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ACTIVITY WITH CHILDREN SPECIMEN CHARGES

March 9, 2005

The court considered the proper method of sentencing where sample offences were charged and it was alleged that there had been multiple offending by the defendant.

APPROPRIATE SENTENCES FOR MULTIPLE OFFENCES CONTINUOUS OFFENCES CRIMINAL DAMAGE CRIMINAL PROCEDURE DUPLICITY INDICTMENTS MANIFESTLY EXCESSIVE SENTENCES MULTIPLE OFFENCES MULTIPLE OFFENDING POSSESSION OF EXPLOSIVES WITH INTENT POSSESSION OF FIREARMS WITH INTENT RACIALLY AGGRAVATED OFFENCES REPETITIOUS OFFENDING SENTENCE LENGTH SENTENCING SENTENCING POWERS SEPARATE COUNTS SEXUAL ASSAULT SEXUAL OFFENCES SINGLE OFFENCES SPECIMEN CHARGES TAKING OFFENCES INTO CONSIDERATION

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