Thomas, R v

Thomas, R v

The finding of dangerousness was justified based on the appellant's pattern of predatory and coercive behaviour towards underage girls, but the overall sentence was manifestly excessive and failed to properly apply the principle of totality. The sentence was restructured to a single extended sentence with concurrent...

Source-derived case information.

Parties
Respondent: Regina; Appellant: Rhyan Alexander Thomas
Jurisdiction
England and Wales
Judgment Date
30 October 2018
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence reduced and Sexual Harm Prevention Order varied
Legal Topics
Sexual Offences, Sentencing, Appeal, Sexual Harm Prevention Order, Protection From Harassment, Dangerousness, Totality Principle
Criminal Law Sexual Offences Sentencing Appeal Sexual Harm Prevention Order Protection From Harassment Dangerousness Totality Principle

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Summary, issues, holding and outcome

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Parties

Regina

Respondent

Rhyan Alexander Thomas

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the finding of dangerousness was justified
  2. 2 Whether the overall sentence was manifestly excessive
  3. 3 Whether the Sexual Harm Prevention Order was proportionate and sufficiently precise

Ratio Decidendi

The finding of dangerousness was justified based on the appellant's pattern of predatory and coercive behaviour towards underage girls, but the overall sentence was manifestly excessive and failed to properly apply the principle of totality. The sentence was restructured to a single extended sentence with concurrent terms, and the Sexual Harm Prevention Order was curtailed and made proportionate.

Court Disposition

Appeal allowed; sentence reduced and Sexual Harm Prevention Order varied

Orders

  • Custodial sentence reduced to an extended sentence of thirteen and a half years on count 2, with all other sentences concurrent
  • Sexual Harm Prevention Order varied and limited to fifteen years with revised terms