Byrne, R v

Byrne, R v

The appellant's deliberate and persistent breaches of the SOPO over 16 months, combined with his history of serious sexual offending and the risk posed to children, justified the two-year custodial sentence; the sentence was not manifestly excessive.

Parties
Prosecutor: Regina; Appellant: Frankie Byrne
Jurisdiction
England and Wales
Judgment Date
01 July 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Breach of Sexual Offences Prevention Order, Sentencing, Risk Assessment, Culpability, Harm
Criminal Law Breach of Sexual Offences Prevention Order Sentencing Risk Assessment Culpability Harm

Case Brief

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Parties

Regina

Prosecutor

Frankie Byrne

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of two years' imprisonment for breach of SOPO was manifestly excessive
  2. 2 Assessment of culpability and harm in breach of SOPO cases

Ratio Decidendi

The appellant's deliberate and persistent breaches of the SOPO over 16 months, combined with his history of serious sexual offending and the risk posed to children, justified the two-year custodial sentence; the sentence was not manifestly excessive.

Court Disposition

appeal dismissed

Orders

  • sentence of two years' imprisonment on each count to run concurrently upheld