A defendant had been previously convicted of a non-consensual buggery. On conviction for a later offence, the question arose of whether this was a serious sexual offence requiring the application of a mandatory life sentence. Buggery had not been on the list of serious offences, but non-consensual buggery had later been defined as equivalent to rape which was listed. The absence of consent was not an essential averment in the charge, and it was not to be considered as such a serious sexual offence.
Citations:
Gazette 25-May-2000, Times 21-Apr-2000
Statutes:
Crime (Sentences) Act 1997 2(5), Criminal Justice and Public Order Act 1994 142
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 05 May 2022; Ref: scu.85617