R v Ward [2012] NICC 8 (Crown Court, McFarland J, 2 March 2012)
Crown Court of Northern Ireland sentences young man to a statutory minimum sentence of 2 years for sexual assault of woman.
Sentencing – sexual assault – 44 year old lady out jogging – previous convictions for sexual assault – Sexual Offences Prevention Orders made in past and not complied with – high likelihood that you will commit a further offence – custodial sentence – Sexual Offences Act 2003 – Article 13(3)(b) of the Criminal Justice (NI) Order 2008 – Safeguarding Vulnerable Groups (NI) Order 2007.Quotation from judgment (courtesy of the Courts Service of Ireland):
“I am obliged to specify a period that is appropriate to satisfy the requirements of retribution and deterrence having regard to the seriousness of the offence. Now that our legislation for sexual offences has been codified along virtually identical terms to the English 2003 Act, courts in this jurisdiction have increasingly considered the guidance on sentencing set out by the English Sentencing Council published in April 2007. For sexual touching the suggested starting point is 12 months with a range of 6 months to 24 months. This case has involved momentary touching by a hand on the clothed genitalia and the sentence, taking into account the substantial aggravation in the case, would be in the upper part of the range. This guidance would include an element to satisfy other sentencing requirements such as rehabilitation which I must discount when determining this period.”Full Text on Court Services Website>
Key Cases Cited
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R v MJ [2012] EWCA Crim 132
R v. Lang [2005] EWCA Crim 2864
R v Owens [2011] NICA 48
R v. EB [2010] NICA 40
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