H v R.

H v R.

The custodial sentence of 30 months was not manifestly excessive given the aggravating features and risk of re-offending; the notification requirement for life is a statutory consequence and not disproportionate on the facts of this case.

Source-derived case information.

Parties
Appellant: H; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
07 November 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sexual Offences, Sentencing, Notification Requirements, Human Rights (article 8 Echr)
Criminal Law Sexual Offences Sentencing Notification Requirements Human Rights (article 8 Echr)

Source-derived case record

Summary, issues, holding and outcome

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Parties

H

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the custodial term of 30 months was manifestly excessive
  2. 2 Whether the notification period under the Sexual Offences Act 2003 should be based on the custodial term alone or include the extended licence period
  3. 3 Whether the imposition of a lifelong notification requirement on a youth is disproportionate and violates Article 8 ECHR

Ratio Decidendi

The custodial sentence of 30 months was not manifestly excessive given the aggravating features and risk of re-offending; the notification requirement for life is a statutory consequence and not disproportionate on the facts of this case.

Court Disposition

appeal dismissed

Orders

  • Application for leave to appeal refused
  • Sentence and notification requirements upheld