When sentencing for historical sexual offences, sentencing practices at the date of offending remain relevant to the assessment of just punishment under the principle of equal justice, notwithstanding that s 5(2)(b) of the Sentencing Act 1991 requires regard to 'current sentencing practices'. The comparative sentencing data compiled by the Court demonstrates that sentences for indecent assault in the 1970s were materially less substantial than current sentencing practices. A trial judge in a judge-alone trial is better placed than a lay jury to assess the reliability of a complainant's memory in the context of very lengthy delay, and the decision not to call expert evidence on memory in such circumstances may be a rational forensic choice.
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