Queen v AB
| Jurisdiction | Northern Ireland |
| Judge | Stephens J |
| Judgment Date | 2007 |
| Neutral Citation | [2007] NICC 26 |
| Year | 2007 |
| Court | Crown Court (Northern Ireland) |
| Date | 17 August 2007 |
Neutral Citation no. [2007] NICC 26
Ref:
STEC5899
Judgment: approved by the Court for handing down Delivered:
17/08/07
(subject to editorial corrections)*
IN THE CROWN COURT OF NORTHERN IRELAND
________
THE QUEEN
v
AB
________
STEPHENS J
Reporting Restriction
[1] Before passing sentence I propose to say something about the reporting
restrictions in your case. Section 8(6) of the Sexual Offences (Amendment)
Act 1992 was amended by paragraph 14 Schedule 2 of the Youth Justice and
Criminal Evidence Act 1999. By virtue of that amendment the Sexual
Offences (Amendment) Act 1992 extends also to Northern Ireland. Under
Section 1 of the Sexual Offences (Amendment) Act 1992 anonymity is given to
complainants in, amongst others, rape cases. Accordingly no matter relating
to the complainant in this case shall, during her lifetime, be included in any
publication if it is likely to lead members of the public to identify her. That is
the obligation with which there has to be compliance. I make it clear that
some examples of the ways in which the complainant in this case could be
identified include publication of:
(i) The complainant’s name.
(ii) The complainant’s address.
(iii) Any still or moving pictures of the complainant.
(iv) The general location at which the offence occurred.
(v) The name of the defendant.
2
(vi) The address of the defendant.
(vii) The name or address of any relative of the complainant or of the
defendant.
[2] The extent of care which has to be taken in relation to the reporting of
this case is necessary by virtue of the fact that the complainant is the aunt of
the defendant. If the defendant was to be identified then that would be
information likely to lead members of the public to identify the complainant.
I also propose in these sentencing remarks to refer to the defendant by the
initials “AB” and to the complainant and victim by the initials “CD”. I make
it clear that these initials have no association with either of their real names.
Introduction
[3] AB you have pleaded guilty to three offences as follows namely:-
(a) Raping CD on 12 July 2005.
(b) Falsely imprisoning CD on 12 July 2005.
(c) Theft of £1,250 in cash from CD on 12 July 2005.
Factual Background
[4] At the time that these offences were committed you were almost 20
years of age. You lived with your grandmother. The victim of all three
offences was your aunt, CD, who was then 46 years of age. There was an age
difference of some 26 years between yourself and your aunt. It is quite
apparent that your aunt played a full and active part over the years in
providing family support and assistance to you despite the difficulties that
she faced with her own health. On 11 July 2005 your aunt, CD, came to her
mother’s, your grandmother’s, house. She spent the evening in that house.
Your grandmother was absent. Earlier in the evening other persons were
present in the house, but eventually you and your aunt were the only people
there. Your aunt was on medication prescribed by her general practitioner.
As a result of a combination of that medication and the alcohol that she had
consumed she became very tired. Indeed to such an extent that she went to
sleep on the floor of your bedroom. She was unconscious.
[5] It now transpires that whilst she was unconscious you moved her to
your grandmother’s bedroom and then abused and degraded her
unconscious body by raping her. You not only abused her bodily integrity in
that way but also inflicted injuries to her thighs during the course of your
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