King v Sebastian Kasak
The NICOA revisited and clarified its earlier judgment in R v Watson [2022] NICA 71, providing guidance to sentencing judges in respect of sexual offending against children at para [13], particularly in respect of when non-custodial options may be appropriate.
Appeal against a 12 month custodial sentence (split equally between custody and licence) – attempted sexual communication with a child under 16 years old – whether the sentencing judge erred in concluding that a community based sentence could not be considered and in choosing a starting point of 18 months – NICOA held sentencing judge erred in failing to consider a community based disposal at all – one-off offence by a relatively young man with a clear record – remorse and victim empathy – rehabilitation potential – strong employment and family support – appeal allowed – two-year probation order substituted.