Hawkins, R v

The extended sentence of six years was unlawful as it exceeded the statutory maximum for the offence. The evidence did not support a finding of significant risk to the public justifying an extended sentence. A community order with supervision and participation in a sex offender programme was appropriate.

Parties: Prosecutor: Regina; Appellant: Richard Cole Hawkins
Jurisdiction: England and Wales
Judgment Date: 15 August 2007
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal allowed; sentence quashed; community order substituted
Legal Topics: Sentencing, Sexual Offences, Community Orders, Risk Assessment

Criminal Law Sentencing Sexual Offences Community Orders Risk Assessment

Case Brief

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Parties

Regina

Prosecutor

Richard Cole Hawkins

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the extended sentence imposed was lawful for the offence of exposure under section 66(1) of the Sexual Offences Act 2003
2 Whether the appellant posed a significant risk to the public justifying an extended sentence

Ratio Decidendi

Court Disposition

appeal allowed; sentence quashed; community order substituted

Orders

The sentence of six years' imprisonment is quashed.
A community order with a supervision requirement for three years is imposed, with conditions to participate in the National Probation Service West Midlands Community Sex Offender Group Work Programme and to cooperate with psychological assessment.