R v Gary Brown

R v Gary Brown

The evidence was insufficient to satisfy the court to the criminal standard that the server AD/15 was used or intended to be used for committing or facilitating an offence. Therefore, the Deprivation Order in respect of AD/15 was not justified and must be quashed.

Parties
Prosecution: Regina; Appellant: Gary Brown
Jurisdiction
England and Wales
Judgment Date
29 October 2025
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Deprivation Order
Outcome
appeal allowed in part
Legal Topics
Deprivation Order, Protection of Children, Indecent Images, Sentencing Act 2020, Proportionality

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Parties

Regina

Prosecution

Gary Brown

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Deprivation Order

  1. 1 Whether the Deprivation Order in respect of computer server AD/15 was justified under section 153 of the Sentencing Act 2020
  2. 2 Whether there was sufficient evidence to the criminal standard that the server was used or intended to be used for committing or facilitating an offence

Ratio Decidendi

The evidence was insufficient to satisfy the court to the criminal standard that the server AD/15 was used or intended to be used for committing or facilitating an offence. Therefore, the Deprivation Order in respect of AD/15 was not justified and must be quashed.

Court Disposition

appeal allowed in part

Orders

  • Deprivation Order quashed to the extent that it refers to Exhibit AD/15 (the server)
  • Deprivation Order remains in respect of Exhibit AD/10 (the laptop)