JQ, R v [2009] NICA 44 (30 June 2009)
The sentence of eighteen months imprisonment suspended for three years was unduly lenient given the number of offences, ten-year period, number and ages of victims, breach of trust, repeated offending, and impact on victims; concurrent sentences were inappropriate; no exceptional circumstances justified suspension.
- Citation
- [2009] NICA 44
- Parties
- Prosecution: The Queen; Defendant: JQ
- Jurisdiction
- Northern Ireland
- Judgment Date
- 30 June 2009
- Procedural Posture
- Attorney General's Reference (number 2 of 2009) / Appeal Against Sentence
- Outcome
- Sentence substituted
- Legal Topics
- Sentencing, Indecent Assault, Sexual Offences, Suspended Sentences, Consecutive Sentences, Double Jeopardy
Case Brief
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Parties
The Queen
Prosecution
JQ
Defendant
Procedural Posture
Attorney General's Reference (number 2 of 2009) / Appeal Against Sentence
Legal Issues
- 1 Whether the sentences imposed were unduly lenient
- 2 Whether consecutive sentences should have been imposed
- 3 Whether the terms of imprisonment should have been suspended
Ratio Decidendi
The sentence of eighteen months imprisonment suspended for three years was unduly lenient given the number of offences, ten-year period, number and ages of victims, breach of trust, repeated offending, and impact on victims; concurrent sentences were inappropriate; no exceptional circumstances justified suspension.
Court Disposition
Sentence substituted
Orders
- Fifteen months immediate imprisonment for each offence to run concurrently
- Ancillary orders relating to the Sexual Offenders Register and Sexual Offences Prevention Order to stand
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