A CHILD rapist has had his sentencing adjourned after the Crown Prosecution Service failed to upload vital documents.
Russell Mason, aged 32, and of Louviers Road in Weymouth, was due to be sentenced at Bournemouth Crown Court on Monday, March 20 for a number of child sex offences - including the rape of a boy aged under 13.
Jurors had found Mason guilty of four offences - raping a boy, sexual assault by touching, inciting a boy to perform non-penetrative sexual activity, and inciting a boy to watch or look at an image of sexual activity - following a trial in January.
But the CPS failed to upload an application for a sexual harm prevention order, as well as victim impact statement from the boy that Mason raped, to the digital case management system. This meant Mason's legal representatives were unable to view them until after the sentencing hearing was due to have started.
The offences took place over a six year period in Weymouth and involved a boy between the age 8 and 14.
Her Honour Judge Susan Evans KC, presiding over the hearing, was highly critical of the shortcomings and said the defence could ‘not reasonably be expected’ to be in a position to respond to the statements on such short notice.
She put the case ‘in the hands’ of the defence and said she would be prepared to provide more time for them if required.
Judge Evans said: “The CPS really need to get the message that these (documents) really need to be submitted at least a week before the sentencing hearing. These are important documents and the prosecution has had plenty of time.”
Mason’s sentencing had already been pushed back once - from March 9 to March 20 - and following an application from the defence counsel has again been postponed. Mason’s representative applied to adjourn the sentencing until March 31 to allow them time to respond to the statements with Judge Evans saying, given the circumstances, she would accept the request.
Addressing her remarks to the family of the victim, Judge Evans said: “I’m very sorry. Huge apologies because I know it is difficult for everyone to await a sentence and not receive any finality. I really am very sorry we’re in this situation but these things have to be done properly.”
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