Assaults on Children
Date Produced: 13 March 2013
Title: Offences Against the Person
Offence: Assaults on Children
Relevant Sentencing Guidelines
The Sentencing Council's 'Assault Definitive Guideline' applies to all offenders aged 18 and over sentenced on or after 13 June 2011 must be consulted in all assault cases.
The SGC definitive guideline 'Overarching Principles: Assaults on Children and Cruelty to a child' applies to offenders sentenced on or after 3 March 2008 and provides guidance set out below.
When dealing with assaults by adults against children, many of which involved some of the aggravating factors below, the Court of Appeal has given a consistent message that an assault against a child normally merits a custodial sentence. The SGC's view was that such a presumption will not always be appropriate, but the fact that the victim is a child is likely to aggravate the seriousness of the offence where the offender is an adult.
For assault committed by an adult offender on a victim aged under 16 years, the main aggravating factors, are:-
- victim is particularly vulnerable;
- abuse of power;
- abuse of position of trust;
- an especially serious physical or psychological effect on the victim, even if unintended;
- presence of others e.g. relatives, especially other children;
- additional degradation of the victim.
- sadistic behaviour;
- threats to prevent the victim reporting the offence;
- deliberate concealment of the victim from the authorities; and
- failure to seek medical help.
If sentencing options remain open, consider impact on victim; progress of any care proceedings; any available information re future care of child; offender's role as sole or primary carer of the victim; whether suspended sentence appropriate.
Relevant Sentencing Case Law
Weaver [2011] 2 Cr. App. R. (S.) 73
The appellant shook her 8-month-old baby son, resulting in permanent and significant brain injury, almost total blindness and severe delays in his development. She admitted having done so to her husband and when re-interviewed by the police, and pleaded guilty to inflicting grievous bodily harm on the basis of a momentary loss of control as a result of temper. Aged 38, previous good character. Sentence of 2 years imprisonment upheld.
Recent Decisions reported in CSP at B2-7A and B.
Consider
Disqualification from working with children
