Smith, R. v

Smith, R. v

The sentence imposed was manifestly excessive given the nature of the offending and the need to apply the totality principle; sentences for acts outraging public decency can be as serious as exposure offences, and the conduct warranted consecutive sentences but with significant adjustment.

Parties
Prosecution: Regina; Appellant: Gary Jason Smith
Jurisdiction
England and Wales
Judgment Date
03 May 2018
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Public Decency, Sexual Offences, Appeal
Criminal Law Sentencing Public Decency Sexual Offences Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Prosecution

Gary Jason Smith

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence imposed for acts outraging public decency was manifestly excessive
  2. 2 Whether sentencing guidelines for exposure offences should apply to acts of public masturbation where the penis was not visible
  3. 3 Whether the totality principle was properly applied

Ratio Decidendi

The sentence imposed was manifestly excessive given the nature of the offending and the need to apply the totality principle; sentences for acts outraging public decency can be as serious as exposure offences, and the conduct warranted consecutive sentences but with significant adjustment.

Court Disposition

appeal allowed in part

Orders

  • Sentences totalling 33 months quashed
  • Sentences of 8 months and 10 months imposed consecutively, totalling 18 months