An individual had been incorrectly convicted of a historic offence of rape against a family member because, at the relevant time, anal penetration did not constitute that offence under the Sexual Offences Act 1956 s.1. It was appropriate to substitute an alternative conviction for indecent assault, as the facts fell within the scope of s.14(1) of the 1956 Act, and the test set out in R. v Graham (Hemamali Krishna) [1997] 1 Cr. App. R. 302 was satisfied.
“HISTORIC” OFFENCES ALTERNATIVE CHARGES CRIMINAL APPEAL ACT 1968 CRIMINAL PROCEDURE RAPE s.14 s.14(1) s.2 s.3 SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 1956 s.1 SEXUAL OFFENCES ACT 2003 TOTALITY OF SENTENCE YOUNG OFFENDERS
A suspended sentence for seven offences of indecent assault on step-siblings of a very young age, carried out over a protracted period some 20 years earlier, had not been unduly lenient. The interruption to the offender’s treatment programme that an immediate custodial sentence would cause, and the potential resulting exacerbation of the situation, amounted to an exceptional circumstance justifying the suspended sentence under the Powers of Criminal Courts (Sentencing) Act 2000 s.118.
“HISTORIC” OFFENCES CHILD SEX OFFENCES CHILDREN CRIMINAL JUSTICE ACT 2003 s.142 INDECENT ASSAULT POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.118 SENTENCING SUSPENDED SENTENCE FOR HISTORIC OFFENCES COMMITTED AGAINST STEP-SIBLINGS SUSPENDED SENTENCES UNDUE LENIENCY YOUNG OFFENDERS
A recorder had erred in varying an order so that the identity of a young offender could be made public; he had given insufficient consideration to the public interest in the effective rehabilitation of the offender.
ANONYMITY CHILDREN AND YOUNG PERSONS ACT 1933 s.39 CRIMINAL PROCEDURE KIDNAPPING PENOLOGY AND CRIMINOLOGY REHABILITATION REPORTING RESTRICTIONS SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT YOUNG OFFENDERS
The Court of Appeal of Northern Ireland did not have jurisdiction to hear a purported appeal under the Criminal Appeal (Northern Ireland) Act 1980 against the lifting of reporting restrictions following a young offender’s conviction for serious sexual offences as the order had not been made on conviction as was required by s.8. The interim reporting restriction order had been made shortly before the giving of sentence.
ADMINISTRATION OF JUSTICE ANONYMITY APPEAL AGAINST LIFTING OF REPORTING RESTRICTIONS ON YOUNG OFFENDER APPEALS AGAINST SENTENCE art.22(1) art.22(2) art.22(3) art.3 art.8 CRIMINAL APPEAL (NORTHERN IRELAND) ACT 1980 s.8 CRIMINAL JUSTICE (CHILDREN) (NORTHERN IRELAND) ORDER 1998 art.22 CRIMINAL JUSTICE ACT 1988 s.159(1)(c) CRIMINAL PROCEDURE EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.6 JURISDICTION NORTHERN IRELAND OPEN JUSTICE ORDER NOT MADE ON CONVICTION REPORTING RESTRICTIONS s.159 SEXUAL OFFENCES SEXUAL OFFENCES (AMENDMENT) ACT 1992 s.1 YOUNG OFFENDERS
Although part of prosecuting counsel’s cross-examination of a rape defendant, related to bad character and based on inadmissible hearsay evidence, had been misjudged and regrettable, it had not affected the overall fairness of the proceedings or the safety of the verdict.
ADMISSIBILITY BAD CHARACTER CAUTIONS CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION DETENTION FOR PUBLIC PROTECTION EFFECT ON OVERALL FAIRNESS OF PROCEEDINGS AND SAFETY OF CONVICTION HEARSAY EVIDENCE INTRODUCTION OF INADMISSIBLE HEARSAY EVIDENCE DURING CROSS-EXAMINATION OF RAPE DEFENDANT RAPE SENTENCING SEXUAL ACTIVITY WITH CHILDREN YOUNG OFFENDERS
A discretionary life sentence with a minimum term of four years for offences of false imprisonment, committing an offence with intent to commit a sexual offence and sexual assault was manifestly excessive. Such a sentence was to be reserved for the gravest offences and a sentence of detention for public protection with a three-year minimum term was appropriate.
AGGRAVATING FEATURES APPROPRIATE MINIMUM TERM DETENTION FOR PUBLIC PROTECTION DISCRETIONARY LIFE IMPRISONMENT EXTENDED SENTENCES MINIMUM TERM OFFENDING ON LICENCE PUBLIC PROTECTION SENTENCING SERIOUSNESS OF OFFENCE SERIOUSNESS OF SEXUAL ASSAULT ON SCHOOLGIRL SEXUAL ASSAULT STARTING POINT VICTIM PERSONAL STATEMENTS WHETHER DISCRETIONARY LIFE SENTENCE MANIFESTLY EXCESSIVE YOUNG OFFENDERS
It had not been reasonably open to a district judge to exercise his power of committal to the Crown Court for sentence under the Powers of Criminal Courts (Sentencing) Act 2000 s.3C in respect of an 11-year-old boy who had pleaded guilty to child sex offences. Having accepted jurisdiction prior to the guilty pleas, further information put before the court regarding the offender’s background and risk of reoffending was not sufficient to change the initial assessment of seriousness and risk.
CHILD SEX OFFENCES CHILD SEX OFFENCES COMMITTED BY 11-YEAR-OLD COMMITTAL FOR SENTENCE CRIMINAL JUSTICE ACT 2003 Pt 12 s.226(3) CRIMINAL PROCEDURE DANGEROUSNESS JURISDICTION JURISDICTION INITIALLY ACCEPTED BY YOUTH COURT LAWFULNESS OF SUBSEQUENT COMMITTAL TO CROWN COURT FOR SENTENCE UNDER S.3C POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 LEGITIMATE EXPECTATION MAGISTRATES’ COURTS ACT 1980 s.24(1) POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.3C s.228 s.228(2) s.228(2A) s.3C(2) s.7 s.91 SENTENCING SENTENCING POWERS SEXUAL OFFENCES ACT 2003 s.5 YOUNG OFFENDERS YOUTH COURTS
A sentence of detention for public protection with a minimum term of four years imposed on an offender for attempted rape and assault by penetration was unduly lenient and a minimum term of six years was substituted.
AGGRAVATING FEATURES APPROPRIATE MINIMUM TERM ASSAULT BY PENETRATION ATTEMPTS DETENTION FOR PUBLIC PROTECTION ELDERLY PERSONS MINIMUM TERM PERSISTENT OFFENDERS RAPE SENTENCING UNDUE LENIENCY YOUNG OFFENDERS
A jury had not acted inconsistently in finding two young offenders guilty of oral rape but not guilty of sexual assault, even though the charges represented a sequence of events over the course of a 30-minute period and the central issue was consent. On the evidence, there was no logical inconsistency in the verdicts.
ACQUITTAL ON OTHER CHARGES OF ORAL RAPE AND SEXUAL ASSAULT ARISING OUT OF 30-MINUTE INCIDENT CONSENT CONVICTION ON ONE CRIMINAL PROCEDURE INCONSISTENT VERDICTS NORTHERN IRELAND RAPE SENTENCING STARTING POINT WHETHER VERDICTS LOGICALLY INCONSISTENT YOUNG OFFENDERS
A sentence of eight years’ imprisonment was the very minimum that the court could impose following a plea of guilty to the rape of a young boy, which had been committed in breach of trust and against a background of repeated and regular sexual abuse. The court would be sympathetic to those who had been abused themselves, but such abuse could not excuse a child victim turning adult predator. The sentence of four-and-a-half years’ imprisonment was unduly lenient.
ABUSE OF POSITION OF TRUST APPROPRIATE DETERMINATE SENTENCE INDECENCY INDECENT PHOTOGRAPHS OF CHILDREN RAPE REPEATED AND REGULAR SEXUAL ABUSE OF TWO CHILD VICTIMS OVER MANY YEARS BY OFFENDER WHO HAD ALSO BEEN ABUSED SENTENCE LENGTH SENTENCING SEXUAL ACTIVITY WITH CHILD FAMILY MEMBERS SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL GROOMING UNDUE LENIENCY YOUNG OFFENDERS
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