
November 29, 2023
Court Persuaded Not to Give a Prison Sentence for Possession of a Knife
Philomena Murphy represented our client, BM, at Bournemouth Crown Court and successfully secured a rehabilitative sentence for him for an offence involving attempted sexual communications with a child. Read on for more information.
Our client, BM, instructed Hill Twine Solicitors to represent him for an offence of attempting to engage in sexual communication with a child (section 15A Sexual Offences Act 2003). Upon accepting he had committed the offence, our client entered a guilty plea at Poole Magistrates’ Court. The District Judge considered the sentencing guideline for the offence and decided the sentencing powers available to her in the magistrates’ court were insufficient. Accordingly, she committed the matter for sentence to the Crown Court. The maximum sentence for the offence of attempted sexual communications with a child is 2 years’ imprisonment.
The maximum sentence for the offence of attempted sexual communications with a child is 2 years’ imprisonment.
Our client was represented by Philomena Murphy at Bournemouth Crown Court in July 2022. Philomena took full instructions from the client and considered the offence’s sentencing guideline carefully. In her view, the sentence starting point based on the circumstances of this particular offence was a custodial sentence of 1 year.
Philomena skilfully advanced the client’s mitigation, explaining to the Learned Judge the circumstances which led to the commission of the offence. Whilst the Judge acknowledged the starting point of immediate custody, he was persuaded to impose a non-custodial sentence. This was on the basis that he could impose a rehabilitative requirement to the sentence which would help address the offending behaviour. The Judge determined that this would be of greater benefit to the client to prevent re-offending than an immediate custodial sentence.
Whilst the Judge acknowledged the starting point of immediate custody, he was persuaded to impose a non-custodial sentence.
Sexual offences are are an extremely sensitive and emotive category of criminal offences. The risk of receiving a custodial sentence on conviction is extremely high. The courts often pass sentences with the aim of punishing the offender and protecting individual victims and/or the public. If you are accused of such an offence it is extremely important to be represented by knowledgeable and experienced lawyers who are able to advise you properly and advance your case in the most appropriate way, depending on all of the circumstances of the case. Hill Twine Solicitors has significant experience in dealing with sexual offences and a very strong reputation in terms of case outcomes. You can learn more about our sexual offences work by clicking here.
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Court Persuaded Not to Give a Prison Sentence for Possession of a Knife
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