Source: All England Reporter
Publisher Citation: [2005] All ER (D) 306 (Nov)
Court: Court of Appeal, Criminal Division
Judge:

Rose LJ, Simon and Dobbs JJ

Representation Robin Shellard (assigned by the Registrar of Criminal Appeals) for the defendant.
  Michael Longman (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 23 November 2005

Catchwords

Sentence - Imprisonment - Length of sentence - Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity - Whether adult complainant comparable to child - Whether sentence manifestly excessive - , s 31.

The Case

In the instant case, where the defendant had been convicted of causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity, contrary to s31 of the the sentence of three years' imprisonment was manifestly excessive and would be quashed. A period of 15months would be substituted. The court declined to give specific sentencing guidance on cases involving such offences, commenting that each case depended on its own facts. However, the fact that a complainant in such offences had no capacity to refuse sexual activity meant that offences of the kind in the instant case could be compared, depending on the circumstances, to offences against children.

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