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This is a short addendum ruling correcting an error in sentencing within the main judgment reported at [2024] NICC 30 . Determinate custodial sentences were replaced with extended custodial sentences where necessary
[2024] NICC 36 O'Hara J
Crown Court sentencing remarks – catfishing – sextortion - manslaughter - causing or inciting girls under 13 and between the age of 13 and 16 to engage in sexual activity – blackmail – making, distributing and possessing indecent images of children – causing a person to engage in sexual activity without consent - intimidation - sexual communication with a child - offending against 70 victims worldwide – harm inevitably and indisputably huge – assessed as presenting a significant risk of serious harm – victim did not prove on the balance of probabilities that he was the victim of catfishing as a child – no previous record – pleas of guilty – some limited evidence of remorse post 2019 – numerous aggravating factors outlined at para [77] - extensive and worsening offending after his first arrest in 2016 – life sentence imposed – 20 year minimum tariff imposed with concurrent sentences in respect of the remaining counts – 10 year SOPO – disqualified from working with children – disposal order in respect of 13 devices
[2024] NICC 30 O'Hara J
In this judgment the Court of Appeal provides guidance on the imposition of Sexual Offences Prevention Orders (SOPOs) at paragraphs [18] and [37].
Appeal against imposition of a SOPO – sexual activity with a child between the age of 13 and 16 - causing or inciting a child between the age of 13 and 16 to engage in sexual activity - SOPO made for five years and prohibited any contact with children under 16 of either gender or the victim who is now over 18 - whether SOPO wrong in principle and terms disproportionate - breadth of order as originally framed infringed the appellant’s family life disproportionately to risk he can be found to pose to children - substituted SOPO of same duration of five years with conditions considered necessary and proportionate – principles at paragraph [18] to be applied by judges considering imposition of SOPO in this jurisdiction - SOPO’s must be tailored to circumstances of each case and cannot be presented in formulaic way to avoid disproportionate orders being made - practitioners and judges must be cognisant of the high threshold required when considering the imposition of a SOPO - appeal allowed.
The Court of Appeal provides assistance in relation to online blackmail and sextortion (see in particular paragraphs [66] and [111]-[114])
Renewed application for leave to appeal an extended custodial sentence of six years imprisonment and four years extended licence – various sexual offences - indecent images - disclosure of private sexual photographs and films with intent to cause distress - online blackmail – sextortion - whether the starting point of nine years and the four year extension period were manifestly excessive – whether the SOPO was necessary and contrary to principle – right form of sentence attached to the wrong offences – overall sentence affirmed – leave to appeal granted – sentence restructured - appeal allowed to the extent of setting aside the invalid orders and substituting the sentences outlined in paragraph [116].
The Crown Court judgment can be located at [2023] NICC 15
At paragraph [58] of this judgment the Court of Appeal, while decrying an unduly mechanistic approach, provides guidance to assist sentencing judges when dealing with multiple offence, multiple victim cases.
Application to appeal a sentence of 12 years imprisonment – variety of sexual offences – two young female victims – totality – transparency - a sentence in the region of 11-12 years held to be appropriate - appeal dismissed
The Court of Appeal clarifies the law and the approach to be taken with regards to sentencing in cases involving the sexual assault of children, particularly with reference to the application of R v GM [2020] NICA 49. (See in particular paragraphs [44] – [47])
DPP reference in respect of a sentence of two years imprisonment – two counts of sexual assault of a child under 13 – whether sentence unduly lenient – court not satisfied that the sentence met the very high threshold of being unduly lenient – leave granted given the issues that arose with regards to the application of R v GM – reference dismissed
Crown Court sentencing remarks which provide assistance in sentencing for the offence of the abuse of a position of trust contrary to Article 23 of the Sexual Offences (Northern Ireland) Order 2008 (See in particular paragraphs [18] – [20])
Five specimen counts of abuse of a position of trust – support worker at a children’s home – looked after child with history of addiction and mental health issues – DCS three years and six months (18 months custody and 2 years statutory supervision)
The Court of Appeal sets out guidance in relation to offences conducted over the internet which involve engaging in sexual activity in the presence of a child or causing or inciting children to engage in sexual activity. The fact that there is no direct physical contact does not alter the seriousness of such offending and the need for condign punishment.
DPP Reference to review a three year probation order – pleas of guilty in respect of a range of sexual offences against children online – whether sentence unduly lenient – delay – Reference allowed – probation order quashed and substituted with 18 months imprisonment.