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Court of Appeal dismisses appeal against the severity of sentence of five years' imprisonment with the final fifteen months suspended, imposed for sexual assault offences, where the complainant was the appellant's teenage niece at the time of the offences, on the grounds that the sentence imposed was within the discretion available to the sentencing judge, and therefore was not an error of principle.
Criminal law – sentencing – appeal against the severity of five years' imprisonment with the final fifteen months suspended imposed for sexual assault offences – s. 2 of the Criminal Law (Rape) (Amendment) Act 1990 as amended by s. 37 of the Sex Offenders Act 2001 – complainant was the appellant's teenage niece at the time of offence – whether the sentencing judge had due regard to the age of the appellant and the mitigating circumstances – sentence imposed on the appellant was within the discretion available to the learned sentencing judge and therefore not an error of principle – appeal dismissed.
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