Sentencing Guidelines - Multiple Issue Sentencing Cases
R V TH
Sexual Assault by penetration together with Common Assault, Criminal Damage and Possession of Class B Drug – digital penetration and further degradation of victim in her home accompanied by acts of violence and destruction. Total sentence of 18 months’ imprisonment plus 18 months on licence – appeal refused and sentence upheld – recent definitive Guideline from E&W considered – need for victim’s medical reports to be supported by notes and records underlined.
R v Kevin Brannigan DPP's Ref (No.7 of 2013)
Causing GBI by careless driving – dangerous driving – perverting the course of justice – almost invariably requires immediate consecutive sentence – suspended sentences inappropriate in this case – sentencers need to consider whether exceptional circumstances exists in serious offending before suspending.
Attorney General's Reference (No 1 of 1991)
Defendants assaulted police officers in an effort to escape after committing burglary - distinction between attempt to resist arrest and intent to inflict grievous bodily harm - concurrent and consecutive sentence - whether sentence for initial offence should be fixed independently of assault - whether sentence unduly lenient.