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R v MacNicol

Sexual Offences - Children and Young Persons - Defendant convicted of two offences of sexual activity with girl in relation to whom he was in position of trust - When sentencing no analogy could be drawn with offence of unlawful sexual intercourse - Present offences recently created by Parliament - Sexual Offences (Amendment) Act 2000, s 3

7 November 2003

The defendant (D) was employed as a teacher teaching 16 to 17-year olds. In March 2003, he was suspended after allegations of an improper relationship. Following an investigation a 16-year-old girl admitted that she had had a relationship with D, there had been sexual activity, falling short of full sexual intercourse, but it had been with her full consent. In May, D was arrested and made full and frank admissions, he further admitted a single act of sexual intercourse with another 16-year-old girl, which had also been fully consensual. D pleaded guilty on 12 May 2003 and was sentenced on 7 July at Coventry Crown Court by HH Judge Hodson. When sentencing the judge stated that D had taken advantage of the girls’ vulnerability, gained a level of trust and then abused them. Whilst the girls had consented, the purpose of the legislation was to protect young girls from possible infatuations. D was sentenced to an extended sentence consisting of 15 months in custody and an extended period ...

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