Brown, R. v

Brown, R. v

The sentencing judge was entitled to find the applicant dangerous based on the material before him, and the imposition of extended sentences was justified. However, the final provision of the Sexual Offences Prevention Order was too widely drafted and should be deleted.

Parties
Prosecutor: Regina; Applicant: Benjamin Adam Brown
Jurisdiction
England and Wales
Judgment Date
19 April 2011
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
Appeal allowed in part
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

Prosecutor

Benjamin Adam Brown

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

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 was entitled to find the applicant dangerous based on the material before him, and the imposition of extended sentences was justified. However, the final provision of the Sexual Offences Prevention Order was too widely drafted and should be deleted.

Court Disposition

Appeal allowed in part

Orders

  • Extension of time and leave to appeal granted to delete the final provision of the Sexual Offences Prevention Order relating to possession of images of children under 16 without parental permission.
  • Order to take effect within seven days unless written application for further representations is made.