Newman, R. v [2024] EWCA Crim 1147 (17 September 2024)

Newman, R. v [2024] EWCA Crim 1147 (17 September 2024)

The judge was entitled to structure sentences to reflect separate criminality for possession of indecent images and breaches of SOPOs, and to impose consecutive sentences for offences before and after July 2019. However, the overall sentence of 7 years 8 months was disproportionate; making one count concurrent and reducing another sentence achieves proportionality, resulting in a total sentence of 6 years 9 months.

Citation
[2024] EWCA Crim 1147
Parties
Prosecution: Rex; Appellant: Jon Newman
Jurisdiction
England and Wales
Judgment Date
17 September 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Totality Principle, Indecent Images of Children, Breach of Sexual Offences Prevention Order
Criminal Law Sentencing Totality Principle Indecent Images of Children Breach of Sexual Offences Prevention Order

Case Brief

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Parties

Rex

Prosecution

Jon Newman

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the overall sentence imposed was disproportionate under the totality principle
  2. 2 Whether sentences for separate breaches of SOPO should have been concurrent rather than consecutive

Ratio Decidendi

The judge was entitled to structure sentences to reflect separate criminality for possession of indecent images and breaches of SOPOs, and to impose consecutive sentences for offences before and after July 2019. However, the overall sentence of 7 years 8 months was disproportionate; making one count concurrent and reducing another sentence achieves proportionality, resulting in a total sentence of 6 years 9 months.

Court Disposition

appeal allowed in part

Orders

  • Count 1 of the committal for sentence to run concurrent, reducing overall sentence to 7 years
  • Sentence on count 2 of the committal for sentence reduced from 33 months to 30 months