Responsible and sometimes critical comment on topical legal matters of general interest. This blog does not offer legal advice and should not be used as a substitute for professional legal advice. Pro Aequitate Dicere
Friday, 2 May 2014
Sentencing ~ (1) Maxwell Clifford - (2) Constance Briscoe
Maxwell Clifford has been sentenced to a total of 8 years imprisonment having been found guilty of eight counts of indecent assault which were committed between 30 and 37 years ago. The sentencing remarks of His Honour Judge Leonard QC are available via the Judiciary website - HERE (pdf 9 pages).
Constance Briscoe has been sentenced to 16 moths imprisonment on 3 counts of perverting the course of justice - The sentencing remarks of Mr Justice Jeremy Baker are available via the Judiciary website - HERE (pdf 2 pages).
Since the offences took place when penalties were lowerr than today, I had expected realatively low outcomes. The judge seems to have found a way to bring things up to date.
ReplyDeleteR v Maxwell Clifford.
ReplyDeleteThese "historic" cases present considerably difficulty for sentencers.
I read HHJ Leonard QC's remarks as a straightforward application of the law. So, for me, it is not "updating." Consecutive sentences were handed down but the judge also applied the totality principle. In other words, a defendant convicted of 8 counts back in the 1960s / 70s could have received a similar overall sentence. Of course, an appeal is always a possibility. Time will tell on that one.