An extended sentence comprising three years’ detention and an extended licence period of two years imposed on the offender in respect of an offence of attempted rape was unduly lenient. A sentence of detention for public protection was substituted.
APPROPRIATENESS OF EXTENDED SENTENCE ATTEMPTED RAPE AND VIOLENT ASSAULT OF VICTIM ATTEMPTS DANGEROUS OFFENDERS DETENTION FOR PUBLIC PROTECTION EXTENDED SENTENCES PUBLIC PROTECTION RAPE SENTENCING UNDUE LENIENCY YOUNG OFFENDERS
A sentence of five years and six months’ imprisonment imposed on a taxi driver who had followed a drunken passenger into her own home and had unprotected sexual intercourse with her whilst she was asleep on the sofa was found to be unduly lenient and increased to eight years.
ABUSE OF POSITION OF TRUST AGGRAVATING FEATURES BURGLARY DRIVERS RAPE SENTENCING SEXUAL OFFENCES TAXI DRIVER RAPING PASSENGER IN HER OWN HOME TAXIS UNDUE LENIENCY
A sentence of 8 years’ imprisonment was the correct starting point for an offence of rape where there were aggravating features of the use of a knife, a degree of planning, a persistence of attack and previous convictions.
AGGRAVATING FEATURES DISCOUNT FOR MITIGATION KNIVES KNIVES~RAPE OF WOMAN AT KNIFEPOINT IN DARK ALLEYWAY~UNDUE LENIENCY MITIGATION PERSISTENCY OF ATTACKS PLANNING PREVIOUS CONVICTIONS RAPE RAPE IN ALLEY SENTENCING SEXUAL OFFENCES STARTING POINT FOR SENTENCING UNDUE LENIENCY USE OF KNIVES
A term of imprisonment of three years was unduly lenient in respect of an attempted rape and other sexual offences where there had been a course of conduct over a number of years by the elderly grandfather of a young child. Taking into account the need for the defendant to look after his sick wife the appropriate sentence was one of four years and six months’ imprisonment.
APPROPRIATE SENTENCES ATTEMPTS CHILDREN COURSE OF CONDUCT OVER NUMBER OF YEARS CRIMINAL LAW ELDERLY DEFENDANTS ELDERLY OFFENDERS ILLNESS INDECENT ASSAULT NOT GUILTY PLEAS OFFENDER ABUSING GRANDDAUGHTER OVER MANY YEARS RAPE SENTENCING UNDUE LENIENCY UNDULY LENIENT
The absolute discharge of a mentally-impaired defendant following convictions for indecent assault committed many years in the past was unduly lenient in that it failed sufficiently to take into account the interests of the victims.
“HISTORIC” OFFENCES ABSOLUTE DISCHARGE APPROPRIATE DISPOSAL TO REFLECT VICTIMS’ INTERESTS COMMUNITY REHABILITATION ORDERS COMMUNITY SENTENCE DIGITAL PENETRATION DIGITAL PENETRATION OF VICTIMS’ VAGINAS GUILTY PLEAS INDECENT ASSAULT MENTAL IMPAIRMENT MENTALLY-IMPAIRED OFFENDER SENTENCING UNDUE LENIENCY YOUNG OFFENDERS
A two year suspended sentence for offences of indecent assault, indecency with a child and buggery was unduly lenient. Taking into account that the defendant was 66 years old at the time of trial and the principle of double jeopardy, the sentence would be quashed and a sentence of four years’ imprisonment substituted.
ABUSE OF POSITION OF TRUST BREACH OF TRUST BUGGERY CHILDREN CRIMINAL LAW DIFFICULT SENTENCING EXERCISE ILL HEALTH INDECENT ASSAULT SENTENCING SEXUAL ABUSE SUSPENDED SENTENCES THREE YEAR SEXUAL ABUSE OF BOY AGED BETWEEN 10 AND 13 UNDUE LENIENCY
A sentence of three years and ten months’ imprisonment on one count of rape and two counts of indecent assault, which represented a course of conduct of abuse by a father against a daughter, was unduly lenient.
AGGRAVATING FEATURES CHILD VICTIMS CHILDREN COURSE OF CONDUCT CRIMINAL PROCEDURE DOUBLE JEOPARDY GUILTY PLEAS INCORRECT EVIDENCE ON WHICH TO BASE SENTENCE INDECENT ASSAULT PARENTS PERIOD OF TIME RAPE REPEATED OFFENCES AGAINST DAUGHTER S.36 CRIMINAL JUSTICE ACT 1988 SENTENCING SEXUAL OFFENCES UNDUE LENIENCY
A conditional discharge was unduly lenient for offences of indecent assault with a female under 13 years old and indecency with a child.
AGGRAVATING FEATURES CONDITIONAL DISCHARGES COURSE OF CONDUCT CRIMINAL PROCEDURE IMPRISONMENT INDECENCY WITH A CHILD INDECENCY WITH STEPCHILD INDECENT ASSAULT INDECENT ASSAULTS OFFENCE TAKING PLACE 30 YEARS PREVIOUSLY S.36 CRIMINAL JUSTICE ACT 1988 SENTENCE LENGTH SENTENCES SENTENCING SEXUAL OFFENCES STEP-FATHERS STEPCHILDREN UNDUE LENIENCY UNDULY LENIENT
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