Harris, R. v [2023] EWCA Crim 528 (26 April 2023)

Harris, R. v [2023] EWCA Crim 528 (26 April 2023)

There was insufficient evidence to conclude that the breaches risked very serious harm or distress; therefore, harm should be categorised as category 2, not category 1. The sentence for the first offence was manifestly excessive and should be reduced to reflect the correct harm category and aggravating features.

Citation
[2023] EWCA Crim 528
Parties
Prosecution: Rex; Appellant: Michael John Harris
Jurisdiction
England and Wales
Judgment Date
26 April 2023
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Sex Offender Notification Requirements, Breach of Notification Requirements, Appeal Against Sentence
Criminal Law Sentencing Sex Offender Notification Requirements Breach of Notification Requirements Appeal Against Sentence

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Parties

Rex

Prosecution

Michael John Harris

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the harm as category 1 under the Sentencing Guidelines for breach of sex offender notification requirements
  2. 2 Whether the sentence imposed for the first offence was manifestly excessive

Ratio Decidendi

There was insufficient evidence to conclude that the breaches risked very serious harm or distress; therefore, harm should be categorised as category 2, not category 1. The sentence for the first offence was manifestly excessive and should be reduced to reflect the correct harm category and aggravating features.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 3 years for the first offence quashed and replaced with 2 years and 4 months' imprisonment.
  • Sentences for offences 2 to 5 remain unaffected.