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Criminal law [2021] SHSC 2

Adams v Attorney General (Sexual Offences Prevention Order)

Adams v Attorney General (Sexual Offences Prevention Order) [2021] SHSC 2 (19 December 2023)

The court held that, despite Mr Adams' positive progress and reduced risk assessment, he continues to pose a medium risk to female children, and the SOPO remains necessary for their protection. It is too early to reduce the order's duration, and any future application should be made closer to the end of the 10-year period after conviction, when further risk reduction may be demonstrated.

Source excerpt

  • Sexual offences prevention order
  • Notification requirements
  • Risk assessment
  • Rehabilitation of offenders
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Criminal law [2023] SHSC 2

Attorney General v Thomas

Attorney General v Thomas [2023] SHSC 2 (10 August 2023)

Given the defendant's age at the time of the offence, the severe psychological harm caused, and the aggravating factor of ejaculation, a custodial sentence is unavoidable. Applying the relevant guidelines, the appropriate sentence for an adult would be 10 years, reduced to 5 years for a juvenile, with further reductions for late guilty plea and prison conditions, resulting in a final sentence of 4 years and 1 month. A sexual offences prevention order is necessary due to ongoing risk to children.

Source excerpt

  • Rape of a child under 13
  • Sentencing of juveniles
  • Sexual offences prevention order
  • Psychological harm
  • Credit for guilty plea
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St Helena decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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