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Mr CM

Published:

Mr CM was convicted in October 2005 of rape, causing or inciting a child under the age of 13 to engage in sexual activity, and sexual assault. Mr CM received a sentence of 30 months’ detention.

The CCRC received an application for review of Mr CM’s sentence in September 2007.

Mr CM was aged 11 when, during the course of play with a six-year-old friend, he committed the offences.

Following review, the CCRC concluded that the court had potentially misled itself during the sentencing procedure as to the consequence of a 30-month sentence.

A 30-month sentence was the threshold requiring indefinite registration on the sex offenders’ register.

The CCRC decided there was a real possibility the Court of Appeal would reduce the sentence to below that threshold to avoid disproportionate consequences resulting from an offence committed at the age of 11.

The CCRC referred the sentence in September 2008.

The Court of Appeal upheld the sentence in January 2009.