Jon Newman v R

Jon Newman v R

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 committed before and after July 2019. However, the overall sentence of 7 years 8 months was disproportionate; making count 1 of the committal for sentence concurrent and reducing count 2 to 30 months achieves proportionality, resulting in a total sentence of 6 years 9 months.

Parties
Prosecutor: Rex; Appellant: Jon Newman
Jurisdiction
England and Wales
Judgment Date
10 November 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Totality Principle, Sexual Offences, Breach of Sexual Offence Prevention Order, Possession of Indecent Images
Criminal Law Sentencing Totality Principle Sexual Offences Breach of Sexual Offence Prevention Order Possession of Indecent Images

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Parties

Rex

Prosecutor

Jon Newman

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the overall sentence imposed was proportionate under the totality principle
  2. 2 Whether sentences for 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 committed before and after July 2019. However, the overall sentence of 7 years 8 months was disproportionate; making count 1 of the committal for sentence concurrent and reducing count 2 to 30 months achieves proportionality, resulting in a total sentence of 6 years 9 months.

Court Disposition

appeal allowed in part

Orders

  • Overall sentence reduced from 7 years 8 months to 6 years 9 months
  • Count 1 of committal for sentence made concurrent