R v Damian Payne

R v Damian Payne

The sentencing judge erred by failing to provide adequate reasons for not suspending the custodial sentence, particularly in light of the appellant's low risk of re-offending, strong personal mitigation, and prospects for rehabilitation. The sentence should have been suspended with a rehabilitation activity requirement.

Parties
Prosecution: Rex; Appellant: Damian Payne
Jurisdiction
England and Wales
Judgment Date
20 June 2025
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Sentencing, Sexual Offences, Attempted Offences, Suspension of Custodial Sentence
Criminal Law Sentencing Sexual Offences Attempted Offences Suspension of Custodial Sentence

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Rex

Prosecution

Damian Payne

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentencing judge erred in not suspending the custodial sentence despite personal mitigation and low risk of re-offending

Ratio Decidendi

The sentencing judge erred by failing to provide adequate reasons for not suspending the custodial sentence, particularly in light of the appellant's low risk of re-offending, strong personal mitigation, and prospects for rehabilitation. The sentence should have been suspended with a rehabilitation activity requirement.

Court Disposition

appeal allowed

Orders

  • Sentences of immediate custody quashed.
  • Sentences of six months and twelve months imposed, suspended for twelve months.