Stephenson, R. v

Stephenson, R. v

The sentence of 12 months' imprisonment was manifestly excessive given the mitigating circumstances and the fact that the offence was an attempt with no actual child victim. The appropriate sentence, after full credit for the guilty plea, is 6 months' imprisonment, suspended for 2 years, with a rehabilitation activity requirement. The sexual harm prevention order should be reduced to 7 years to mirror the notification period.

Parties
Prosecution: Regina; Appellant: Malcolm Stephenson
Jurisdiction
England and Wales
Judgment Date
19 December 2019
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Sentencing, Sexual Offences, Attempted Sexual Communication With a Child
Criminal Law Sentencing Sexual Offences Attempted Sexual Communication With a Child

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 3 Authorities cited 1 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Regina

Prosecution

Malcolm Stephenson

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Was the sentence imposed manifestly excessive?
  2. 2 Should the sentence be suspended?
  3. 3 What is the appropriate duration for the sexual harm prevention order?

Ratio Decidendi

The sentence of 12 months' imprisonment was manifestly excessive given the mitigating circumstances and the fact that the offence was an attempt with no actual child victim. The appropriate sentence, after full credit for the guilty plea, is 6 months' imprisonment, suspended for 2 years, with a rehabilitation activity requirement. The sexual harm prevention order should be reduced to 7 years to mirror the notification period.

Court Disposition

appeal allowed

Orders

  • Sentence of 12 months' imprisonment quashed.
  • Substituted sentence of 6 months' imprisonment, suspended for 2 years.