Secker, R. v [2021] EWCA Crim 266 (05 February 2021)

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

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Parties

Regina

Prosecution

Keith Secker

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

  1. 1 Whether the sentence of 18 months' imprisonment was manifestly excessive
  2. 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