There’s understandably a lot of concern over this case given the reported facts. As ever, full details are unacceptably thin on the ground, but taking this report at face value, there are serious questions over the sentence. [THREAD]
https://twitter.com/DailyMirror/status/1370444983044554763
This is the description of the offence. It was charged as sexual assault (section 3 Sexual Offences Act 2003), which carries a maximum of 10 years.
And here is the Sentencing Guideline:
And here is the Sentencing Guideline:
On the reported facts, this was a violent sexual assault in the street. Category 1 harm.
He followed her for at least a minute before attacking her. I struggle to see how this is “opportunistic”. There was clearly some planning, although perhaps not a “significant degree”.
He followed her for at least a minute before attacking her. I struggle to see how this is “opportunistic”. There was clearly some planning, although perhaps not a “significant degree”.
On the reported facts this is at least in Category 1B.
Starting point of 2 years 6 months,
range of 2-4 years.
Aggravating factors: night time attack on lone female in the street
Even allowing a discount of 1/3 for an early guilty plea, I cannot see how you arrive at 6 months.
Starting point of 2 years 6 months,
range of 2-4 years.
Aggravating factors: night time attack on lone female in the street
Even allowing a discount of 1/3 for an early guilty plea, I cannot see how you arrive at 6 months.
The magistrates had the power to commit this case to the Crown Court for sentence, where a sentence can be imposed up to the statutory maximum (10 years).
Instead, the magistrates kept the case for sentence, restricting it to a maximum of 6 months.
Instead, the magistrates kept the case for sentence, restricting it to a maximum of 6 months.
The decision to suspend the sentence (any sentence of 2 years or under can be suspended) would have to be based on the assessment in the below Guideline. And we have few details on how this decision was reached, beyond the reference to the Defendant’s employment.
But a sexual attack like this on the street would no doubt strike many as the kind of offence where appropriate punishment can only be achieved by immediate custody.
Once again, the opacity of the criminal justice system’s decision making does nothing for public confidence.
Once again, the opacity of the criminal justice system’s decision making does nothing for public confidence.
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