NC, R. v

NC, R. v

The court found that prohibitions (1)-(5) relating to internet use were necessary due to the applicant's familiarity and use of the internet in the commission of the offences. Prohibitions (6)-(8) were justified but required amendment to exempt contact with the applicant's daughter subject to social services'...

Source-derived case information.

Parties
Applicant: NC; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
20 September 2016
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sexual Harm Prevention Order
Outcome
appeal allowed in part
Legal Topics
Sexual Harm Prevention Orders, Sentencing, Protection of Children, Proportionality of Prohibitions
Criminal Law Sexual Harm Prevention Orders Sentencing Protection of Children Proportionality of Prohibitions

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Parties

NC

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sexual Harm Prevention Order

Legal Issues

  1. 1 Whether the prohibitions in the SHPO are necessary and proportionate
  2. 2 Whether prohibitions relating to internet use and contact with children under 16 are justified
  3. 3 Whether prohibition (9) is redundant

Ratio Decidendi

The court found that prohibitions (1)-(5) relating to internet use were necessary due to the applicant's familiarity and use of the internet in the commission of the offences. Prohibitions (6)-(8) were justified but required amendment to exempt contact with the applicant's daughter subject to social services' agreement. Prohibition (9) was unnecessary and deleted as statutory bans already applied.

Court Disposition

appeal allowed in part

Orders

  • SHPO modified to exempt contact with applicant's daughter subject to social services' agreement
  • Prohibition (9) deleted from SHPO