Buchanan, R. v

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Prosecutor

Kevin Mark Buchanan

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence and Sexual Offences Prevention Order

  1. 1 Whether the sentence of 30 months' imprisonment was manifestly excessive
  2. 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