Dean Barton v R
The 2015 SHPO and its subsequent amendments were unlawful as the Crown Court had no power to impose a SHPO for breach of a SOPO; the 2010 conviction and sentence were safe, and the SOPO was not manifestly excessive or disproportionate at the time imposed.
- Parties
- Applicant/appellant: Dean Barton; Respondent: Rex
- Jurisdiction
- England and Wales
- Judgment Date
- 11 September 2024
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Conviction, Sentence, and Sexual Harm Prevention Order
- Outcome
- Appeal against 2010 conviction and sentence refused; 2015 SHPO and all amendments quashed.
- Legal Topics
- Sexual Offences, Appeals, Sexual Harm Prevention Orders, Sexual Offences Prevention Orders, Sentencing, Procedural Law
Case Brief
Summary, issues, holding and outcome
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Parties
Dean Barton
Applicant/appellant
Rex
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction, Sentence, and Sexual Harm Prevention Order
Legal Issues
- 1 Whether the 2010 conviction and sentence were unsafe or manifestly excessive
- 2 Whether the 2015 Sexual Harm Prevention Order (SHPO) and its amendments were lawful
Ratio Decidendi
The 2015 SHPO and its subsequent amendments were unlawful as the Crown Court had no power to impose a SHPO for breach of a SOPO; the 2010 conviction and sentence were safe, and the SOPO was not manifestly excessive or disproportionate at the time imposed.
Court Disposition
Appeal against 2010 conviction and sentence refused; 2015 SHPO and all amendments quashed.
Orders
- Leave to appeal and all applications relating to the 2010 conviction and sentence refused.
- 2015 SHPO, 2016 Amended SHPO, and 2021 Amended SHPO quashed.
Full Case Text
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