Source: All England Reporter
Publisher Citation: [2007] All ER (D) 14 (Jul)
Neutral Citation: [2007] EWCA Crim 309
Court: Court of Appeal, Criminal Division

Gage LJ, Burton J and the Recorder of Winchester

Representation Geraldine Kelly (instructed by MBA Solicitors) for the offender.
  Crispin Aylett (instructed by the Treasury Solicitor) for the Attorney General.
Judgment Dates: 29 June 2007


Sentence - Imprisonment - Length of sentence - Sexual activity with a child - Rape of a child under 13 - Aggravating features - Whether sentence unduly lenient.

The Case

Sentence Imprisonment. A sentence of two years' imprisonment with a period of three years extended on licence was unduly lenient in a case in which the defendant had pleaded guilty to various sexual offences against two young and vulnerable complainants. In the instant case there was a clear and significant risk of the offender committing further offences involving children, and the judge had fallen into error by concluding that he was not dangerous because he was a suitable candidate for a sex offenders' treatment programme. In the circumstances, the judge ought to have found that the criterion of 'dangerousness' pursuant to s229 of the had been satisfied, and he ought to have imposed a sentence of imprisonment for public protection. A sentence of imprisonment for public prosecution would be imposed with a minimum term of two-and-a-half years less the time spent in custody on remand.

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