Sentencing Guidelines - Sexual Offences
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.
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.
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.