Dewey v R. [2024] EWCA Crim 409 (22 May 2024)

Dewey v R. [2024] EWCA Crim 409 (22 May 2024)

The court held that the non-contact provision and certain other terms of the SHPO were not necessary or proportionate in the circumstances of the case, given the absence of evidence of contact offences or attempts, the low risk assessment for contact offending, and the sufficiency of other statutory protections. The...

Source-derived case information.

Citation
[2024] EWCA Crim 409
Parties
Appellant: Dewey; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
22 May 2024
Procedural Posture
Criminal Appeal / Appeal Against Terms of Sexual Harm Prevention Order (shpo)
Outcome
Appeal allowed in part
Legal Topics
Sexual Harm Prevention Orders, Sentencing, Proportionality of Ancillary Orders, Indecent Images of Children
Criminal Law Sexual Harm Prevention Orders Sentencing Proportionality of Ancillary Orders Indecent Images of Children

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Summary, issues, holding and outcome

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Parties

Dewey

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Terms of Sexual Harm Prevention Order (shpo)

Legal Issues

  1. 1 Whether the terms of the SHPO imposed on the appellant were necessary and proportionate in light of the offending and risk assessment

Ratio Decidendi

The court held that the non-contact provision and certain other terms of the SHPO were not necessary or proportionate in the circumstances of the case, given the absence of evidence of contact offences or attempts, the low risk assessment for contact offending, and the sufficiency of other statutory protections. The SHPO was amended to reflect only those restrictions necessary for public protection, in line with established guidance.

Court Disposition

Appeal allowed in part

Orders

  • The SHPO is amended to remove the non-contact provision and other disproportionate terms; new terms are substituted as set out in the judgment. The sentence and all other orders remain unchanged. Defence Costs Order made in the sum of £145.69.