Mayne, R. v

Mayne, R. v

The sentence of 34 months' imprisonment for breach of a sexual risk order was excessive given the circumstances and the guidelines' limited applicability; a sentence of 18 months' imprisonment was substituted as proportionate.

Parties
Prosecution: Regina; Appellant: Phean Mayne
Jurisdiction
England and Wales
Judgment Date
27 April 2021
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed; sentence reduced
Legal Topics
Sexual Risk Order, Breach of Order, Sentencing, Restraining Order
Criminal Law Sexual Risk Order Breach of Order Sentencing Restraining Order

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Parties

Regina

Prosecution

Phean Mayne

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence imposed for breach of a sexual risk order was appropriate
  2. 2 Applicability of sentencing guidelines for breach of sexual harm prevention orders to breach of sexual risk orders
  3. 3 Proportionality and wording of the sexual risk order

Ratio Decidendi

The sentence of 34 months' imprisonment for breach of a sexual risk order was excessive given the circumstances and the guidelines' limited applicability; a sentence of 18 months' imprisonment was substituted as proportionate.

Court Disposition

appeal allowed; sentence reduced

Orders

  • Sentence of 34 months' imprisonment substituted with 18 months' imprisonment
  • Restraining order preventing contact with Laura remains in force until further order