Barnfather, R. v [2025] EWCA Crim 1449 (17 October 2025)

Barnfather, R. v [2025] EWCA Crim 1449 (17 October 2025)

The Recorder was entitled to reach the view that a reduction of six months appropriately represented the mitigating features and the fact that these were attempts. The sentence was not manifestly excessive. However, the imposition of an indefinite SHPO was disproportionate; a 10-year term was appropriate given the...

Source-derived case information.

Citation
[2025] EWCA Crim 1449
Parties
Prosecution: Rex; Appellant: Mark Barnfather
Jurisdiction
England and Wales
Judgment Date
17 October 2025
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part; SHPO varied to 10 years; sentence otherwise upheld.
Legal Topics
Sexual Offences, Sentencing, Sexual Harm Prevention Orders, Mitigation, Mental Health in Sentencing
Criminal Law Sexual Offences Sentencing Sexual Harm Prevention Orders Mitigation Mental Health in Sentencing

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Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Mark Barnfather

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the custodial sentence was manifestly excessive given the mitigation available
  2. 2 Whether the Sexual Harm Prevention Order (SHPO) should have been imposed for an indefinite period

Ratio Decidendi

The Recorder was entitled to reach the view that a reduction of six months appropriately represented the mitigating features and the fact that these were attempts. The sentence was not manifestly excessive. However, the imposition of an indefinite SHPO was disproportionate; a 10-year term was appropriate given the risk and need for public protection.

Court Disposition

Appeal allowed in part; SHPO varied to 10 years; sentence otherwise upheld.

Orders

  • Quash the indefinite SHPO and substitute a 10-year SHPO commencing 7 March 2025
  • Dismiss the remainder of the appeal