Stephenson, R. v [2019] EWCA Crim 2418 (19 December 2019)

Stephenson, R. v [2019] EWCA Crim 2418 (19 December 2019)

The sentence of 12 months' imprisonment was manifestly excessive given the mitigating factors, the attempted nature of the offence, and the appellant's personal circumstances. A suspended sentence with a rehabilitation requirement was appropriate, and the sexual harm prevention order should be reduced to 7 years to match the notification period.

Citation
[2019] EWCA Crim 2418
Parties
Prosecution: Regina; Appellant: Malcolm Stephenson
Jurisdiction
England and Wales
Judgment Date
19 December 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Sexual Offences, Appeal Procedure
Criminal Law Sentencing Sexual Offences Appeal Procedure

Case Brief

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Parties

Regina

Prosecution

Malcolm Stephenson

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for attempted sexual communication with a child was manifestly excessive
  2. 2 Whether a custodial sentence was necessary or if a community order was appropriate
  3. 3 Appropriate duration of a sexual harm prevention order

Ratio Decidendi

The sentence of 12 months' imprisonment was manifestly excessive given the mitigating factors, the attempted nature of the offence, and the appellant's personal circumstances. A suspended sentence with a rehabilitation requirement was appropriate, and the sexual harm prevention order should be reduced to 7 years to match the notification period.

Court Disposition

appeal allowed

Orders

  • Sentence of 12 months' imprisonment quashed
  • Substituted with 6 months' imprisonment suspended for 2 years