R v Michael John Harris

R v Michael John Harris

There was no evidence to support a finding of very serious harm or distress; harm should be categorised as category 2, not category 1. The sentence for the first offence was manifestly excessive and should be reduced to 2 years and 4 months after full credit for the guilty plea.

Parties
Prosecutor: Rex; Appellant: Michael John Harris
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
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

Prosecutor

Michael John Harris

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

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

Ratio Decidendi

There was no evidence to support a finding of very serious harm or distress; harm should be categorised as category 2, not category 1. The sentence for the first offence was manifestly excessive and should be reduced to 2 years and 4 months after full credit for the guilty plea.

Court Disposition

appeal allowed in part

Orders

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