sentencing in criminal cases
TAKING INTO ACCOUNT FOREIGN SENTENCES
R v Bazegurore & Another [2020] EWCA
Good criminal solicitors will be aware that the central issue in these criminal cases, originally heard at Aylesbury Crown Court outside of London, concerns the obligation, if any, upon a court under the Sentencing Council Guidelines, or otherwise, to take account of sentences imposed by foreign courts for similar offences, when sentencing a defendant.
EXTENDED SENTENCES
Robert Baker & Michael Richards [2020] EWCA Crim 176.
Criminal Solicitors, should be aware of the central issue in this criminal case heard at the Court of Appeal in London, was was whether it was appropriate to take into account the fact that a defendant had been recalled on license and would therefore already be at the hands of the parole board before release and therefore the issue over public protection had already been catered for.
WHETHER A RECALL ON LICENSE AMOUNTS TO MITIGATION
Daniel Burtak [2020] EWCA Crim 28
The Court of Appeal, Criminal division sitting in London stated in this case that the Judge should not have taken into account as mitigation, the fact that the defendant had been recalled on license.
Sexual offences
R v Privett & Others [2020] EWCA Crim 557
Offence: Arranging or facilitating or facilitating the commission of a child sex offence
Act: S14 Sexual Offences Act 2003
Issue: The correct approach to be adopted in assessing harm for the purpose of sentence.
Summary:
Criminal Solicitors need to be aware of this case for the purpose of sentencing for S14 offences. Under the Sentencing Guidelines the judge should:
1. Identify the category of harm on the basis of the sexual activity the defendant had intended ; for these purposes, the 3 categories of harm are:
Category 1
- Penetration of vagina or anus (using body or object)
- Penile penetration of mouth
In either case by, or of, the victim
Category 2
- Touching, or exposure, of naked genitalia or naked breasts by, or of, the victim
Category 3
- Other sexual activity
and then
2. Adjust the sentence in order to ensure it is “commensurate” with, or proportionate to, the applicable starting point and range if no sexual activity had occurred.