Sentencing guidelines - Sexual Offences

55 results

22 March 2024

The King v Jonathan Playfair

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

[2024] NICA 21 Treacy LJ

08 March 2024

The King v Jonathan Hutton

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

[2024] NICA 19 Keegan LCJ

09 February 2024

The King v CD

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

[2024] NICA 9 Keegan LCJ

09 February 2024

The King v Ritchie

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)

[2024] NICC 5 His Honour Judge Rafferty KC

12 January 2024

The King v Jacek Pacyno

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.

[2024] NICA 3 Keegan LCJ

05 December 2022

The King v ZB

Guidance provided on sentencing for two equally serious offences on a concurrent basis applying the totality principle - GBH with intent – sexual assault by penetration of a 12 day old baby – sentence of 19 years imprisonment plus an extended period five years - whether manifestly excessive – starting point – dangerousness - culpability and harm high – whether premeditation – no mitigation save for guilty pleas – sentence not manifestly excessive – exceptional circumstances – appellant provided no explanation or offered remorse – appeal dismissed.

[2022] NICA 69 Keegan LCJ

07 October 2022

King v Shaun Hegarty

guidance in relation to sentencing for rape with aggravating features - appeal against sentence - whether sentence of 20 years plus five years extended term manifestly excessive - rape whilst unconscious – did not disclose previous convictions - grievous bodily harm - attempting to choke - previous rape - no remorse - blamed victim for her injuries – starting point – transparency – methodology of sentence – sentence beyond usual range and may be unprecedented in this jurisdiction – high culpability and high harm with myriad of aggravating factors – appropriate custodial term is one 18 years – no error in 5 year extension period - appeal dismissed.

[2022] NICA 55 Keegan LCJ

15 January 2021

Queen v Gerald O'Hara

Appeal against sentencing at re-trial – whether sentence manifestly excessive - Sexual Offences Prevention Order - indecent assault on children – sentences affirmed – SOPO discharged

[2021] NICA 1 McCloskey LJ

12 March 2020

R v Byrne & Cash

Sexual Assaults contrary to Art 6 Sexual Offences (NI) Order 2008 – whether ECOs a suitable disposal.

[2020] NICA 16 Morgan LCJ

04 September 2019

THE QUEEN v KT

Whether failure to activate two previous suspended sentences and to impose a third suspended sentence unduly lenient – sexual offences - 85 year old man - numerous sexual offences involving children – sentence quashed and the two previous suspended sentences activated and pass a sentence so as to achieve an effective total determinate custodial sentence of 3 years

[2019] NICA 42 Keegan J , Stephens LJ , Treacy LJ

31 May 2019

DIRECTOR OF PUBLIC PROSECUTION'S REFERENCE (Number 1 of 2018) VINCENT LEWIS

Whether sentence unduly lenient - multiple offences of indecent assault, buggery and attempted buggery committed on three children - offender an elderly man of 91 years - monk at Portglenone Abbey – sentences unduly lenient – sentences amended.

Neutral Citation No: [2019] NICA 26 McBride J , Morgan LCJ , Stephens LJ

16 May 2019

R v QD Director of Public Prosecution's Reference (Number 6 of 2019)

Reference by DPP NI under S. 36 Criminal Justice Act 1988 as amended by S. 41(5) Justice (NI) Act 2002 – whether sentence of 5 months’ custody unduly lenient - sexual assault of a child under 13 contrary to Article 14 of the Sexual Offences (NI) Order 2008 – whether failure to impose a SOPO unduly lenient – sentence quashed and SOPO imposed.

[2019] NICA 23 Stephens LJ

20 December 2018

R v CZ

Sexual offence prevention orders - applications made to Crown Court in respect of variations, renewals and discharge, and appeals thereafter to the Court of Appeal - demarcation between appeals in respect of SOPOs imposed as part of sentence and appeals in respect of variations, renewals and discharges - need for SOPO's to be carefully formulated

[2018] NICA 53 Maguire J

27 January 2017

R v James William Taggart

Appeal against sentence – rape contrary to Article 5(1) of the Sexual Offences (NI) Order 2008 – common assault contrary to s. 47 OAPA 1861 – whether sentence for rape (ECS – 9 years in custody plus 2 on licence) manifestly excessive and/or wrong in principle – whether judge justified in concluding that there was significant risk of serious harm etcetera – Kubik applied – contesting the prosecution not an aggravating factor – Gilbert distinguished on the facts – appeal allowed – ECS of 7 plus 2 substituted.

[2017] NICA 5 Weir LJ

12 April 2016

R v Alan McDonald

Appeal against sentence - historic sexual abuse - discretionary life sentence - whether necessary to make finding of unstable character - whether offences sufficiently grave - whether likely future offending must be sex offences - whether alternative protective sentence could be imposed - appeal dismissed.

[2016] NICA 21 Weatherup LJ

29 January 2016

R v Lukaz Kubik

Rape contrary to Article 5(1) of the Sexual Offences (NI) Order 2008 – continued application of Sentencing Advisory Panel’s 2002 Guidelines – medical evidence of impact on victim must be such as to establish to a rigorous standard – extended custodial sentence of 9 years replaced with a determinate custodial sentence of 7 years - 3½ in custody and 3½ on licence.

[2016] NICA 3 Morgan LCJ

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