We looked last year at the case of Stuart Kerner – a school teacher who was convicted of two counts of sexual activity with a person over the age of 16, but in breach of trust. He was sentenced to 18 months in prison, suspended for 18 months.
The AG indicated that he was looking into it, before realising that there was no power in law to refer the case to the Court of Appeal as being unduly lenient.
Afterwards, there were complaints made in the press about some of the remarks made by the Judge. It was reported that HHJ Greenberg QC said that “[the victims] friends described her, accurately in my view, as stalking you. If grooming is the right word to use, it was she who groomed you, (and) you gave in to temptation“.
This was considered by the Judicial Conduct Investigations Office who concluded on 13th August 2015 that the comments did not amount to misconduct. This was because “The Lord Chancellor and Lord Chief Justice ha[d] considered the matter and concluded that the judge’s words were no more than an awkward response to the suggestions in the pre-sentence report, that the victim had been groomed by Mr Kerner“.
This is the end of the matter as far as the complaint goes.