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Attorney-General’s Reference (No 106 of 2002) Sub Nom R v Nigel Robert Hall

Criminal Procedure - Sexual offences - Sexual intercourse with a girl under 13 years old - Defendant instigated the meetings and intercourse - No condom used - Defendant would have continued if not discovered by victim’s brother - Sentence of 12 months unduly lenient - Sentencing Advisory Panel guidelines relevant - Sentence of two and a half years appropriate

14 February 2003

On 5 August 2002 at the Carlisle Crown Court before HHJ Bell the defendant (‘H’) pleaded guilty to two counts of sexual intercourse with a girl under 13 years old contrary to s 5 of the Sexual Offences Act 1956. H, aged 32, was sentenced to a total of 12 months imprisonment and put on the sex offender’s register for a period of 10 years. In May 2002 the victim (‘V’), who was aged 12, was seen out of school by her brother (‘B’). She was seen to kiss H through the window of his Volvo, he put his hand on her buttock. V’s friend was sitting in the back of the car. V spotted B and she and her friend ran away and hid. B found them and took them to school but V would not explain what she had been doing. B later called H who apologised and pleaded with him not to tell his family. The police were called and they interviewed V. She told them that H was one of her friend’s step-father and she had first met H at a party. H sent her text messages and suggested that they meet in a ...

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