Dewey v R

Dewey v R

The court held that several terms of the SHPO as imposed were not necessary or proportionate, particularly the non-contact provision, restrictions on mobile phones and image-capturing devices, and police powers of entry. The court substituted a revised SHPO reflecting the guidance in Parsons and Morgan, focusing on notification, inspection, and proportionate control of internet-enabled devices and storage, and allowed the appeal to that extent only.

Parties
Appellant: Dewey; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
24 November 2024
Procedural Posture
Criminal Appeal / Appeal Against Terms of Sexual Harm Prevention Order
Outcome
appeal allowed in part
Legal Topics
Sexual Harm Prevention Orders, Indecent Images of Children, Proportionality of Ancillary Orders, Sentencing
Criminal Law Sexual Harm Prevention Orders Indecent Images of Children Proportionality of Ancillary Orders Sentencing

Case Brief

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Parties

Dewey

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Terms of Sexual Harm Prevention Order

Legal Issues

  1. 1 Whether the terms of the Sexual Harm Prevention Order (SHPO) imposed were necessary and proportionate in light of the appellant's offences and risk assessment

Ratio Decidendi

The court held that several terms of the SHPO as imposed were not necessary or proportionate, particularly the non-contact provision, restrictions on mobile phones and image-capturing devices, and police powers of entry. The court substituted a revised SHPO reflecting the guidance in Parsons and Morgan, focusing on notification, inspection, and proportionate control of internet-enabled devices and storage, and allowed the appeal to that extent only.

Court Disposition

appeal allowed in part

Orders

  • The SHPO is amended and replaced with revised terms as set out in the judgment, focusing on notification, inspection, and proportionate restrictions on internet-enabled devices and storage.
  • A Defence Costs Order is made in the amount of £145.69 for transcript and travel costs.