Secker, R. v

Secker, R. v

The original sentence failed to give sufficient weight to the applicant's personal mitigation and the factors in favour of suspension. With updated information regarding the impact on the applicant's family and the applicant's progress towards rehabilitation, the proper course is to reduce the sentence to 12 months and suspend it for two years with a rehabilitation activity requirement.

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, Appeal Against Sentence, Suspended Sentences
Criminal Law Sentencing Indecent Images of Children Appeal Against Sentence Suspended Sentences

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Parties

Regina

Prosecution

Keith Secker

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  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 give sufficient weight to the applicant's personal mitigation and the factors in favour of suspension. With updated information regarding the impact on the applicant's family and the applicant's progress towards rehabilitation, the proper course is to reduce the sentence to 12 months and suspend it for two years with a rehabilitation activity requirement.

Court Disposition

appeal allowed

Orders

  • Term of imprisonment reduced from 18 months to 12 months, suspended for two years
  • Rehabilitation activity requirement for up to 20 days imposed