redred
01-29-2016, 04:26 PM
http://i.imgur.com/SQoQ2jw.jpg
A 20-year-old man who had sex with a 12-year-old girl and left her pregnant with his child has finally been caged for three and a half years.
Jack Joseph Brown initially escaped jail after Judge Peter Towler at Bristol Crown Court let him off with a community sentence.
The judge decided to take that "exceptional course" after receiving a letter from the victim, in which she stated that she had been a "willing participant."
She had "hoped to get pregnant" so badly she "stabbed a hole in every condom" before having sex with Brown, the letter added.
The sentence was imposed in November last year, after Brown, of Upjohn Crescent, Bristol, pleaded guilty to rape of a child under 13.
However Judge Towler's sentence was slammed as "unduly lenient" by the Attorney General, Jeremy Wright QC, who referred it for top judges to look at again.
Lord Justice Davis, sitting at London's Criminal Appeal Court today, said laws against underage sex were there to "protect children from themselves."
Criticising Judge Towler for his "wrong" decision, the Appeal Court re-sentenced Brown to 42 months immediate detention.
His lawyers asked the Appeal Court to be merciful, saying that he had learning difficulties and a low IQ.
The conduct of the victim and her "consent" to sex was also said to make Brown's crime less serious.
But Lord Justice Davis, sitting with Mrs Justice Cox and Judge Christopher Kinch QC, said Brown had to be caged.
"It is clear he knew she was under the age of 13 and knew that what he was doing was wrong.
"Children such as this victim need to be protected from themselves," he said.
"We think the judge was quite wrong to assess this as an exceptional case in which he could impose a non-custodial sentence.
"The question has to be asked, how did the judge come to impose the sentence that he did?
"We are in no doubt that the present sentence cannot be upheld and is unduly lenient.
"She was 12. She was a young child. The whole point of these laws is to protect young children from themselves. A child aged 12 cannot lawfully consent.
"What happened was that a 12-year-old had to undergo a termination of a pregnancy.
"What the long term consequences of that are for her remain to be seen. Significant harm was caused by what happened," the judge went on.
"It is wrong to place over emphasis on the fact that the victim went along. He took advantage of her willingness to go along. He asked her not to tell anyone".
The judge added: "It is clear there was a very great deal of mitigation.
"There is clear and genuine remorse and Brown was very young, being 19 at the time, and had various learning difficulties. There is very powerful mitigation, but this court must interfere.
"We quash the sentence imposed as unduly lenient and, for that sentence, we substitute a term of 42 months detention," the judge concluded.
Brown, who attended court with his mother and other supporters hid his face in a hood as he left court.
He now has until 1pm tomorrow to give himself up at his local police station and begin serving his sentence.
The solicitor general, Robert Buckland QC, said after the court's ruling: "Despite a number of mitigating factors which were taken into account during sentencing, the original sentence was unduly lenient and I am pleased the Court has agreed to increase it."
Read more: http://www.bristolpost.co.uk/Bristol-man-got-12-year-old-girl-pregnant-finally/story-28632101-detail/story.html#ixzz3yeRlnpfI
Follow us: @BristolPost on Twitter | bristolpost on Facebook
A 20-year-old man who had sex with a 12-year-old girl and left her pregnant with his child has finally been caged for three and a half years.
Jack Joseph Brown initially escaped jail after Judge Peter Towler at Bristol Crown Court let him off with a community sentence.
The judge decided to take that "exceptional course" after receiving a letter from the victim, in which she stated that she had been a "willing participant."
She had "hoped to get pregnant" so badly she "stabbed a hole in every condom" before having sex with Brown, the letter added.
The sentence was imposed in November last year, after Brown, of Upjohn Crescent, Bristol, pleaded guilty to rape of a child under 13.
However Judge Towler's sentence was slammed as "unduly lenient" by the Attorney General, Jeremy Wright QC, who referred it for top judges to look at again.
Lord Justice Davis, sitting at London's Criminal Appeal Court today, said laws against underage sex were there to "protect children from themselves."
Criticising Judge Towler for his "wrong" decision, the Appeal Court re-sentenced Brown to 42 months immediate detention.
His lawyers asked the Appeal Court to be merciful, saying that he had learning difficulties and a low IQ.
The conduct of the victim and her "consent" to sex was also said to make Brown's crime less serious.
But Lord Justice Davis, sitting with Mrs Justice Cox and Judge Christopher Kinch QC, said Brown had to be caged.
"It is clear he knew she was under the age of 13 and knew that what he was doing was wrong.
"Children such as this victim need to be protected from themselves," he said.
"We think the judge was quite wrong to assess this as an exceptional case in which he could impose a non-custodial sentence.
"The question has to be asked, how did the judge come to impose the sentence that he did?
"We are in no doubt that the present sentence cannot be upheld and is unduly lenient.
"She was 12. She was a young child. The whole point of these laws is to protect young children from themselves. A child aged 12 cannot lawfully consent.
"What happened was that a 12-year-old had to undergo a termination of a pregnancy.
"What the long term consequences of that are for her remain to be seen. Significant harm was caused by what happened," the judge went on.
"It is wrong to place over emphasis on the fact that the victim went along. He took advantage of her willingness to go along. He asked her not to tell anyone".
The judge added: "It is clear there was a very great deal of mitigation.
"There is clear and genuine remorse and Brown was very young, being 19 at the time, and had various learning difficulties. There is very powerful mitigation, but this court must interfere.
"We quash the sentence imposed as unduly lenient and, for that sentence, we substitute a term of 42 months detention," the judge concluded.
Brown, who attended court with his mother and other supporters hid his face in a hood as he left court.
He now has until 1pm tomorrow to give himself up at his local police station and begin serving his sentence.
The solicitor general, Robert Buckland QC, said after the court's ruling: "Despite a number of mitigating factors which were taken into account during sentencing, the original sentence was unduly lenient and I am pleased the Court has agreed to increase it."
Read more: http://www.bristolpost.co.uk/Bristol-man-got-12-year-old-girl-pregnant-finally/story-28632101-detail/story.html#ixzz3yeRlnpfI
Follow us: @BristolPost on Twitter | bristolpost on Facebook