Where an indictment was a nullity by charging an offence of breach of a sex offender order contrary to the Crime and Disorder Act 1998 s.2(8) when no such offence existed at that time, it was impossible to substitute an offence of breach of a sexual offences prevention order contrary to the Sexual Offences Act 2003 on the indictment as its wording precluded any such offence being alleged.
APPROPRIATENESS OF SUBSTITUTING DIFFERENT OFFENCE CRIME AND DISORDER ACT 1998 s.2(8) CRIMINAL PROCEDURE INDICTMENT CHARGE OFFENCE NO LONGER EXISTING INDICTMENTS NULLITY s.104 s.104(1) s.104(5) s.113(1)(d) s.2 SEX OFFENDER ORDERS SEXUAL OFFENCES ACT 2003 s.113 SEXUAL OFFENCES PREVENTION ORDERS SUBSTITUTION
An eight-year sentence was unduly lenient for two offences of rape where the victim was a child who had been in a position of trust vis-à-vis the offender. A three-year community rehabilitation order was unduly lenient for offences of indecent assault and indecency with a child. A six-month sentence coupled with an extended licence period of two years was unduly lenient for three counts of indecent assault against a child.
“HISTORIC” OFFENCES AGGRAVATING FEATURES APPLICATION OF RAPE SENTENCING GUIDANCE TO OTHER SEXUAL OFFENCES ATTORNEY GENERAL’S REFERENCE BREACH OF TRUST CHILDREN COMMUNITY REHABILITATION CRIMINAL JUSTICE ACT 1988 s.36 CRIMINAL LAW CRIMINAL PROCEDURE DAUGHTERS DOUBLE JEOPARDY GUILTY PLEAS INDECENT ASSAULT POSITION OF AUTHORITY POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 PREVIOUS OFFENCES RAPE S.36 CRIMINAL JUSTICE ACT 1988 SENTENCING SEXUAL OFFENCES SUBSTITUTION UNDULY LENIENT YOUNG GIRLS