Key Facts
- •Mark Donoghue convicted of paying for sexual services of a 15-year-old child (C) between 5-8 August 2019.
- •Offence involved penetrative sexual activity with Donoghue and his partner; C was intoxicated.
- •Donoghue was acquitted of a similar charge relating to an earlier incident.
- •Sentenced to an extended sentence of 12 years (9 years custody + 3 years extended licence) due to being deemed 'dangerous'.
- •A Sexual Harm Prevention Order (SHPO) and notification requirements were also imposed.
- •Donoghue denied the offence and showed no remorse.
- •Pre-sentence report assessed Donoghue as low risk of re-offending and medium risk of harm to children due to SHPO and notification requirements.
- •Judge disagreed with the pre-sentence report's risk assessment, citing the seriousness of the offence and lack of remorse.
Legal Principles
Sentencing guidelines for sexual activity with a child, Category 1A.
Sentencing Guidelines
Extended sentences under section 279 of the Sentencing Act 2020 for dangerous offenders.
Sentencing Act 2020
Sexual Offences Act 2003, section 47(1) - paying for sexual services of a child.
Sexual Offences Act 2003
Reporting restrictions under section 1 of the Sexual Offences (Amendment) Act 1992.
Sexual Offences (Amendment) Act 1992
Outcomes
Appeal against sentence allowed.
The Court of Appeal found the judge's assessment of dangerousness was not justified, placing insufficient weight on the pre-sentence report and overemphasizing the facts of the single offence. The custodial sentence was deemed manifestly excessive.
Finding of dangerousness quashed.
Insufficient evidence to support a finding of high risk of re-offending beyond the facts of the index offence; first offence, good character considered.
12-year extended sentence quashed.
Manifestly excessive; good character and mitigating factors insufficiently considered.
Sentence substituted with a determinate sentence of 7 years' imprisonment.
Considers aggravating factors, mitigation, and good character; moves from 5-year starting point.
SHPO and reporting restrictions upheld.
No grounds to overturn these aspects of the original sentence.