R v Peter Deane
The Recorder's assessment that a real risk of sexual harm remained and that a SHPO was necessary was justified based on the appellant's history and the facts of the case. The terms of the order were proportionate and followed approved model wording. The appeal was dismissed as the order was neither unnecessary nor oppressive.
- Parties
- Prosecution: Rex; Appellant: Peter Deane
- Jurisdiction
- England and Wales
- Judgment Date
- 11 October 2024
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Sexual Offences, Indecent Images, Sexual Harm Prevention Order, Sentencing, Appeal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Peter Deane
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether there were sufficient grounds to impose a Sexual Harm Prevention Order (SHPO) on the appellant
- 2 Whether the terms of the SHPO were oppressive or disproportionate
Ratio Decidendi
The Recorder's assessment that a real risk of sexual harm remained and that a SHPO was necessary was justified based on the appellant's history and the facts of the case. The terms of the order were proportionate and followed approved model wording. The appeal was dismissed as the order was neither unnecessary nor oppressive.
Court Disposition
appeal dismissed
Orders
- Sexual Harm Prevention Order for five years confirmed
- Conditional discharge for 12 months stands
Full Case Text
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