Buchanan, R. v
The sentence of 30 months' imprisonment for five counts of indecent assault was not manifestly excessive and was within the Sentencing Guidelines. The original Sexual Offences Prevention Order was too wide; it was substituted with a narrower order containing four specific prohibitions, to last indefinitely.
- Parties
- Prosecutor: Regina; Appellant: Kevin Mark Buchanan
- Jurisdiction
- England and Wales
- Judgment Date
- 18 May 2010
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence and Sexual Offences Prevention Order
- Outcome
- appeal against sentence refused; Sexual Offences Prevention Order varied
- Legal Topics
- Indecent Assault, Sentencing, Sexual Offences Prevention Order, Sex Offenders Register
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecutor
Kevin Mark Buchanan
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence and Sexual Offences Prevention Order
Legal Issues
- 1 Whether the sentence of 30 months' imprisonment was manifestly excessive
- 2 Whether the terms and duration of the Sexual Offences Prevention Order were excessive
Ratio Decidendi
The sentence of 30 months' imprisonment for five counts of indecent assault was not manifestly excessive and was within the Sentencing Guidelines. The original Sexual Offences Prevention Order was too wide; it was substituted with a narrower order containing four specific prohibitions, to last indefinitely.
Court Disposition
appeal against sentence refused; Sexual Offences Prevention Order varied
Orders
- Renewed application for leave to appeal against sentence of imprisonment refused
- Sex Offenders Register requirement remains indefinite
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