In Court
| Published date | 01 March 1997 |
| Date | 01 March 1997 |
| DOI | 10.1177/026455059704400114 |
| Subject Matter | Articles |
58
..
&dquo;,’&dquo;
·
~,II~~~A
a
Affirming
that
’prostitutes
are
entitled
to
insist
that
they
are
unwilling
to
permit
sexual
intercourse
unless
their
partners
are
protected’,
and
are
in
particular
need
of
the
law’s
protection
because
they
are
’particularly
vulnerable
to
infection’,
the
Court
of
Appeal
determined
that
sentence
of
four
years
on
five
counts
of
rape
of
prostitutes
aged
14
to
21,
over
six
years,
ignoring
their
insistence
that
he
must
wear
a
condom,
was
unduly
lenient.
The
shortest
proper
sentence
would
have been
eight
years.
ATTORNEY-GENERAL’
S
REFERENCE
No
28
oF
1996,
The
Times
27
January
1997.
4
*
..
,
a
,
r
~.
^
’I
II~I
~
&dquo;
fl
a:.,-.
Referring
to
’the
growing
menace
of
serious
and
wholly
unjustified
violence
in
public
places,
which
is
a
source
of
acute
public
concern’,
the
Lord
Chief
Justice
in
ATrORNEY-GENERAL’
REFERENCE
No
60
OF
1996
(The
Times
27
January
1997)
held
that
six
months
imprisonment
for
ABH
of
a
motorist
(kicking
him
in
the
testicles
causing
swelling
requiring
hospital
treatment)
and
wounding
his
passenger
with
intent
to
cause
GBH
(biting
his
ear,
requiring
18
stitches
and
causing
scarring)
when
the
victims
remonstrated
with
the
offender
after
he
had
thrown
away
a
drink
can
which
hit
their
car,
was
unduly
lenient.
The
Courts
should
not
be
unduly
swayed
by
or
indifferent
to
such
public
concern.
They
should
be
seen
and
understood
to
punish
such
conduct
severely.
~,:è!,èä’¡[MgIJiš’;¡~;IZIIí1III~,¡;;
In
a
’case
stated’
appeal
regarding
enforcement
procedures
for
fines,
Lord
Justice
Staughton
in
the
Divisional
Court
commented
generally
that
he
was
troubled
by
the
size
of
fines
which
those
on
Income
Support
(as
it
then
was)
are
expected
to
pay
’out
of
resources
which
are
said
to
be
only
sufficient
for
the
necessities
of
life’.
’Over
a
short
period
of
time
the
money
provided
(on
Benefit)
might
be
sufficient
for
paying
a
small
but
regular
amount
towards
fines
but
contingencies
might
occur
which
would
strain
a
tight
budget
to
breaking
point.
The
fact
that,
in
an
ordinary
week,
there
might
be
£5
available
does
not
be
any
means
lead
to
the
conclusion
that
there
will
be
no
difficulty
in
every
week
of
the
year.’
Staughton
LJ
indicated
that
he
would
prefer
fines
imposed
on
those
of
limited
means
to
be
of
lesser
amounts
so
that
they
could
be
paid
in
a
matter
of
weeks.
R
v
STOCKTON
JUSTICES
ex
parte
CONLON,
The
Times
3
January
1997.
ccccl=
An
offender
subject
to
supervision
on
release
from
a
YOI
sentence
imposed
by
the
Crown
Court
committed
a
further
offence,
a
common
assault
triable
only
summarily,
during
the
supervision
period
and
before
the
expiry
of
his
full
sentence.
Was
it
proper
for
the
magistrates’
court
to
sentence
him
for
the
fresh
offence
and
also
commit
him
in
custody
to
the
Crown
Court
for
the
possibility
of
his
recall
to
prison
under
CJA
1991 s40
provisions?
No,
said
the
Divisional
Court.
Lord
Bingham
CJ
considered
that
the
drafter
of
the
1991
Act
could
not have
intended
that
one
element
of
the overall
sentence,
the
period
of
return,
should
be
dealt
with
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