Brown, R. v [2011] EWCA Crim 1223 (19 April 2011)

Brown, R. v [2011] EWCA Crim 1223 (19 April 2011)

The sentencing judge's assessment of dangerousness and the imposition of extended sentences were justified based on the material available, but the final provision of the Sexual Offences Prevention Order was too widely drafted and should be deleted.

Citation
[2011] EWCA Crim 1223
Parties
Prosecution: Regina; Appellant: Benjamin Adam Brown
Jurisdiction
England and Wales
Judgment Date
19 April 2011
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Extension of Time
Outcome
Application for extension of time and leave to appeal allowed in part; appeal allowed to the extent of deleting the overbroad provision in the Sexual Offences Prevention Order.
Legal Topics
Sexual Offences, Sentencing, Dangerousness Assessment, Sexual Offences Prevention Order
Criminal Law Sexual Offences Sentencing Dangerousness Assessment Sexual Offences Prevention Order

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Parties

Regina

Prosecution

Benjamin Adam Brown

Appellant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Extension of Time

Legal Issues

  1. 1 Whether the assessment of dangerousness and imposition of extended sentences was justified
  2. 2 Whether the Sexual Offences Prevention Order was too widely drafted

Ratio Decidendi

The sentencing judge's assessment of dangerousness and the imposition of extended sentences were justified based on the material available, but the final provision of the Sexual Offences Prevention Order was too widely drafted and should be deleted.

Court Disposition

Application for extension of time and leave to appeal allowed in part; appeal allowed to the extent of deleting the overbroad provision in the Sexual Offences Prevention Order.

Orders

  • Extension of time and leave to appeal granted to address the Sexual Offences Prevention Order provision.
  • The overbroad provision in the Sexual Offences Prevention Order is to be deleted, order to take effect within seven days unless further representations are made.