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
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Gary Brown
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Deprivation Order
Legal Issues
- 1 Whether the Deprivation Order in respect of computer server AD/15 was justified under section 153 of the Sentencing Act 2020
- 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)
Full Case Text
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