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Static-2002 coding rules (2009) - Static-99

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Category 5: General Criminality<br />

and is sentenced in 2001. He commits an assault in 2004 and is sentenced in<br />

2004.<br />

Both assaults count as prior sentencing occasions because some of the index<br />

sexual offence behaviour was committed in 2005, after he was sanctioned for the<br />

previous offences. The offender chose to keep offending with the index offence<br />

after being sanctioned in 2001, and again in 2004.<br />

Example No. 2<br />

John Johnson sexually offends against his daughter between 2000 and 2004 and<br />

is convicted and sentenced in 2006. He commits an assault in 2001 and is<br />

sentenced in 2001. He commits an assault in 2005 and is sentenced in 2005.<br />

The 2001 sentencing occasion is a prior offence because he continued the index<br />

sexual behaviour after being sanctioned for the 2001 offence. The 2005 assault<br />

becomes part of an index cluster because even though he was sanctioned for the<br />

assault before being sanctioned for the index sexual offence, the assault<br />

occurred after the index sexual offence was committed. So the offender did not<br />

choose to commit the index sexual offence after being sanctioned for the assault.<br />

Example No. 3<br />

Richard Jones sexually offends between 1976 and 1979. He commits a theft in<br />

1988 and is sentenced in 1989. He commits a sexual offence in <strong>2002</strong>. Due to<br />

publicity for this offence, his victims from the 1970s come forward and he is<br />

convicted and sentenced for the <strong>2002</strong> offence as well as the historical offences<br />

from the 1970s.<br />

In this example, the sex offences from the 1970s are part of the index cluster.<br />

The theft in 1988 is a prior. Even though the theft occurred after the historical<br />

offences, it still occurred and was sanctioned before the <strong>2002</strong> offences that<br />

formed part of the index cluster.<br />

Example No. 4<br />

James Smith sexually offends between 1976 and 1979. He commits a theft in<br />

1<strong>99</strong>2 and is sentenced in 1<strong>99</strong>5. In <strong>2002</strong> he is convicted for the offences in the<br />

1970s.<br />

Even though the two sentencing dates are almost a decade apart, they are<br />

considered an index cluster because the offences for which the offender was<br />

sentenced in <strong>2002</strong> were not committed after the offender was sanctioned in<br />

1<strong>99</strong>5.<br />

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