R v Kevin Kombi

R v Kevin Kombi

The judge's sentence for breach of the Sexual Risk Order was not manifestly excessive and was within sentencing discretion; however, the variation of the Sexual Risk Order was unlawful as it was not made by proper application to the magistrates' court.

Source-derived case information.

Parties
Prosecution: Rex; Applicant: Kevin Kombi
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence and Variation of Order
Outcome
Application for leave to appeal against sentence refused; permission to appeal against variation of Sexual Risk Order granted; variation order quashed.
Legal Topics
Breach of Sexual Risk Order, Sentencing, Variation of Orders, Notification Requirements
Criminal Law Breach of Sexual Risk Order Sentencing Variation of Orders Notification Requirements

Source-derived case record

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Parties

Rex

Prosecution

Kevin Kombi

Applicant

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence and Variation of Order

Legal Issues

  1. 1 Whether the sentence for breach of a sexual risk order was manifestly excessive
  2. 2 Whether the judge had jurisdiction to vary the Sexual Risk Order
  3. 3 Clarification of notification requirements under Sexual Offences Act

Ratio Decidendi

The judge's sentence for breach of the Sexual Risk Order was not manifestly excessive and was within sentencing discretion; however, the variation of the Sexual Risk Order was unlawful as it was not made by proper application to the magistrates' court.

Court Disposition

Application for leave to appeal against sentence refused; permission to appeal against variation of Sexual Risk Order granted; variation order quashed.

Orders

  • Total sentence of 53 months' imprisonment less 93 days on electronic curfew upheld.
  • Sexual Risk Order variation quashed; proper application to magistrates' court required.