Secker, R. v [2021] EWCA Crim 266 (05 February 2021)
The original sentence failed to adequately weigh personal mitigation and the factors favouring suspension. With updated information on the impact of custody and rehabilitation prospects, justice is best served by suspending the remainder of the sentence and reducing its length.
- Citation
- [2021] EWCA Crim 266
- Parties
- Prosecution: Regina; Applicant: Keith Secker
- Jurisdiction
- England and Wales
- Judgment Date
- 05 February 2021
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Sentence
- Outcome
- appeal allowed
- Legal Topics
- Sentencing, Indecent Images of Children, Extreme Pornography, Suspended Sentences, Mitigation
Case Brief
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Parties
Regina
Prosecution
Keith Secker
Applicant
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 18 months' imprisonment was manifestly excessive
- 2 Whether the sentence should have been suspended
Ratio Decidendi
The original sentence failed to adequately weigh personal mitigation and the factors favouring suspension. With updated information on the impact of custody and rehabilitation prospects, justice is best served by suspending the remainder of the sentence and reducing its length.
Court Disposition
appeal allowed
Orders
- Leave granted
- Sentences of 18 months' imprisonment on Counts 1 and 2 quashed
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