Attorney General's Reference No. 36 of 2013

Attorney General's Reference No. 36 of 2013

There was ample evidence that the acts amounted to indecency with children, the judge correctly directed the jury, the amendment of the indictment was proper, the pseudo-images were properly admitted as bad character evidence, the good character direction was adequate, and the verdicts were not inconsistent. The sentence was unduly lenient given the aggravating factors and statutory requirements, and should not have been suspended.

Parties
Prosecutor: Regina; Applicant: Attorney General; Offender/applicant: Graham Stuart Ovenden
Jurisdiction
England and Wales
Judgment Date
09 October 2013
Procedural Posture
Criminal Appeal and Attorney General's Reference / Appeal Against Conviction and Reference for Review of Sentence
Outcome
Application for leave to appeal against conviction refused; sentence quashed and increased on Attorney General's Reference
Legal Topics
Indecency With Children, Indecent Assault, Sentencing, Bad Character Evidence, Amendment of Indictment, Appeal Against Conviction, Attorney General's Reference
Criminal Law Indecency With Children Indecent Assault Sentencing Bad Character Evidence Amendment of Indictment Appeal Against Conviction Attorney General's Reference

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Prosecutor

Attorney General

Applicant

Graham Stuart Ovenden

Offender/applicant

Procedural Posture

Criminal Appeal and Attorney General's Reference / Appeal Against Conviction and Reference for Review of Sentence

Legal Issues

  1. 1 Whether the acts of taking photographs amounted to indecency with children under section 1(1) of the Indecency with Children Act 1960
  2. 2 Whether the addition of further counts to the indictment was proper
  3. 3 Whether the admission of pseudo-images as bad character evidence was proper

Ratio Decidendi

There was ample evidence that the acts amounted to indecency with children, the judge correctly directed the jury, the amendment of the indictment was proper, the pseudo-images were properly admitted as bad character evidence, the good character direction was adequate, and the verdicts were not inconsistent. The sentence was unduly lenient given the aggravating factors and statutory requirements, and should not have been suspended.

Court Disposition

Application for leave to appeal against conviction refused; sentence quashed and increased on Attorney General's Reference

Orders

  • Leave to appeal against conviction refused
  • Original sentence quashed