Canadian Criminal Sentencing/Cases/Sexual Assault - Wikibooks, open books for an open world
Sentencing Guidelines - Magistrates' Court - Sexual Offences
The test for whether the assault is deemed sexual in nature is objective: whether a reasonable observer would view it as sexual given the totality of the circumstances. Multiple contextual factors will be considered, such as:. Importantly, the offence of sexual assault does not require the sexual gratification of the accused — it is merely one factor among many that the court will consider. Sentencing for sexual assault can vary depending on the circumstances. However, a simple sexual assault charge can result in a maximum of 10 years in prison. Punishment for sexual assault can be more serious under S.
Sentencing at criminal trials in Ireland
For convictions on or after 3 December irrespective of the date of commission of the offence , this is a specified offence for the purposes of section A extended sentence for certain violent or sexual offences of the Criminal Justice Act User guide for this offence. Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system.
Rape carries a maximum penalty of life imprisonment. Rape is a serious specified offence to which dangerous offender provisions apply part 2, Schedule 15 Criminal Justice Act Finding that unduly lenient sentences had been imposed in relation to all three defendants, the Court provided useful guidance on sentencing. This included: where rape is committed after or in the course of a burglary in a home, even in the absence of additional features beyond the rape and burglary, the starting point will rarely be less than 12 years imprisonment.