When sentencing for historical sexual offences committed before the Sentencing Act 1989, a finding of special circumstances based on delay in prosecution and changes in sentencing law must be reflected in the overall effective sentence, not merely in the structure of individual sentences. A small sample of dissimilar cases does not compel a sentencing judge to find a discernible sentencing pattern. Absence of reoffending over a lengthy period is relevant but not determinative on rehabilitation where expert evidence suggests ongoing risk.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
5 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.