Sentencing guidelines - Sexual Offences

38 results

26 November 2015

R v MH

Appeal against sentence – rape contrary to Article 5(1) of the Sexual Offences (NI) Order 2008 (19 years’ imprisonment) and attempted rape (15 years) plus 46 other counts (9 counts of gross indecency 2 years’ imprisonment, 9 of common assault 12 months, 8 of false imprisonment 9 years, 4 of threats to kill 9 years, 7 of indecent assault 9 years and 9 of cruelty to children 7 years all concurrent – whether sentence wrong in principle/manifestly excessive having regard to the Sentencing Council Guidelines and NI Guidelines – whether there had been inadequate deduction because of delay - whether there had been a failure to have regard to the absence of offending from 2004 – McCaughey and Smith approach to Sentencing Council Guidelines reaffirmed and appeal dismissed.

2015 NICA 67 Weatherup LJ

30 June 2015

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.

2015 NICA 48 Treacy J

25 March 2015

R v Gerard McCormick

Sexual activity with a child – 3 year determinate sentence comprising 18 months’ imprisonment and 18 on licence – 5 year SOPO – Sentencing Court’s reliance on Sentencing Council Guidelines – guidance from decided authorities in NI more reliable than Council Guidelines - 2 year sentence substituted – 12 & 12 – whether SOPO proportionate – that issue remitted to trial court to reconsider.

2015 NICA 14 Morgan LCJ

18 December 2014

R v Michael Simpson

Possession of indecent child images contrary to Article 3 of the Protection of Children (Northern Ireland) Order 1978 – SOPO made under s.104 Sexual Offences Act 2003 – whether SOPO terms oppressive/disproportionate.

[2014] NICA 83 Coghlin LJ

17 May 2013

R v ML

Indecent assault, gross indecency and buggery of female child by male sibling aged 13/14 - 4 1/2 year custody probation order (concurrent) reduced to 12 months' imprisonment.

[2013] NICA 27 Morgan LCJ

06 July 2012

R v Rong Chen, Simon Dempsey and Jason Owen Hinton

First instance sentencing remarks – guidance pending Court of Appeal deliberation –trafficking within the United Kingdom for the purposes of sexual exploitation contrary to section 58(1) of the Sexual Offences Act 2003 – controlling activities of another for purposes of prostitution for gain contrary to Article 63 of Sexual Offences (NI) Order 2008 etcetera.

[2012] NICC 26 Stephens J

25 April 2012

R v Matyas Pis

First instance sentencing remarks – guidance pending Court of Appeal deliberation – trafficking offences – Hungarian – controlling activities of another for purposes of prostitution for gain contrary to Article 63 of Sexual Offences (NI) Order 2008 – assisting in management of brothel Article 64(1) of Sexual Offences (NI) Order 2008 – trafficking two persons into UK for the purposes of sexual exploitation contrary to Section 57(1)(a) of Sexual Offences Act 2003.

[2012] NICC 14 His Honour Judge Burgess

07 October 2011

R v PH

Common assault contrary to Section 47 of OAPA 1861 – domestic violence – 7 aggravating features – offence triable summarily – sentence to be in proportion to what magistrates’ court would have done – magistrates’ courts guidelines approved.

[2011] NICA 64 Morgan LCJ

07 September 2011

R v Mark Francis Kennedy & Stephen Kennedy

Common assault contrary to Section 47 of OAPA 1861 – modest level of physical violence – offence triable summarily – whether sentence out of all proportion to what the magistrate would have done.

[2011] NICA 42 Morgan LCJ

03 December 2010

R v E B

Sexual assaults - Criminal Justice (NI) Order 2008 - assessment of dangerousness - English case of Lang adopted - whether sentencers may depart from PSR in assessing dangerousness - extended custodial sentence.

[2010] NICA 40 Morgan LCJ

17 September 2010

R v SG

Unlawful carnal knowledge of a girl under 14 contrary to Section 4 the Criminal Law Amendment Act 1885 - indecent assault on a female child - gross indecency with a child - consensual - appellant 19 years, victim 13 years at the time - assistance to be derived from final report of the Sentencing Guidelines Council (E&W) on Sexual Offences Act 2003.

[2010] NICA 32 Morgan LCJ

06 March 2009

R v CK a minor

Appeal against sentences - minors - indecent assaults, acts of gross indecency and rape - custodial sentence - other methods of disposal especially a custody probation order - ECHR Art. 8 - sexual offences prevention order expiry date - periods of detention and one year's supervision - third and fourth conditions of the sexual offences prevention order to be deleted - second condition amended in the terms set out in this judgment - sexual offences prevention order to remain in force for the period of five years from today's date - to that extent appeal allowed.

[2009] NICA 17 Kerr LCJ

05 August 2008

R v Samuel Shannon

Sexual offences prevention order (‘SOPO’) - section 104 of the Sexual Offences Act 2003 – guidance on the conditions for imposing SOPOs.

[2008] NICA 38 Campbell LJ

15 September 2006

R v Michael John Gilbert (AG Ref No 3 of 2006)

Rape, assault and burglary

[2006] NICA 36 Kerr LCJ

10 March 2006

R v D O

Rape, Buggery, Totality

[2006] NICA 7 Kerr LCJ

16 September 2005

R v Joseph Henry Bateson

Historic sexual offences - rape and indecent assault - historic cases - effect of delay on sentence - youth of offender.

[2005] NICA 37 Nicholson LJ

06 July 2005

R v Martin Kerr Attorney General's Reference (No 4 of 2005)

Indecent assaults - guidance on sexual offences against young children - abuse of trust - significant adverse effect on victim - offences committed over period in respect of which offender had been previously dealt with in relation to similar offences against others.

[2005] NICA 33 Kerr LCJ

30 April 2004

R v Daniel John O'Connell Attorney General's Reference No 2 of 2004 (AG Ref 1 of 2004)

Rape, attempted rape and indecent assault

[2004] NICA 15 Kerr LCJ