Terrell, R. v

Parties

Procedural Posture

Criminal Appeal / Appeal Against Sentence From Crown Court

Legal Issues

1. 1 Whether the statutory criteria for a sentence of imprisonment for public protection under the Criminal Justice Act 2003 were satisfied by the appellant's offences of making indecent photographs of children
2. 2 Whether the risk of serious harm occasioned by the appellant's re-offending was sufficient to justify an indeterminate sentence
3. 3 Whether a Sexual Offences Prevention Order could have been imposed instead of or in addition to a custodial sentence

Ratio Decidendi

The statutory criteria for a sentence of imprisonment for public protection were not satisfied because the risk of serious harm occasioned by the appellant's re-offending was too remote, indirect, and small to meet the threshold required by the Criminal Justice Act 2003. The harm caused by perpetuating the market for indecent images, in this case, was not sufficiently direct or grave. A determinate sentence was appropriate.

Court Disposition

Appeal allowed; sentence of imprisonment for public protection quashed; determinate sentence imposed.

Orders

• Sentence of imprisonment for public protection quashed
• Determinate sentence of 10 months imprisonment imposed, less 2 days on remand