Inches, R v

Inches, R v

The Court of Appeal refused both the application for permission to appeal against sentence and the extension of time, holding that the correct procedure for varying SOPO terms is a structured application to the Crown Court, supported by evidence of changed circumstances. The SOPO was properly imposed in 2009, and the appellate court is not the proper venue for variation after such a delay.

Parties
Applicant: Robert Gavin Inches; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
06 March 2020
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence and for Extension of Time
Outcome
Both applications refused
Legal Topics
Sexual Offences Prevention Orders (sopo), Appeals Against Sentence, Variation of Court Orders
Criminal Law Sexual Offences Prevention Orders (sopo) Appeals Against Sentence Variation of Court Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Robert Gavin Inches

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence and for Extension of Time

Legal Issues

  1. 1 Whether the terms of the SOPO imposed in 2009 were manifestly excessive, wrong in principle, or oppressive
  2. 2 Whether the Court of Appeal should grant an extension of time for appeal
  3. 3 Whether the correct procedure for varying SOPO terms is through the Crown Court

Ratio Decidendi

The Court of Appeal refused both the application for permission to appeal against sentence and the extension of time, holding that the correct procedure for varying SOPO terms is a structured application to the Crown Court, supported by evidence of changed circumstances. The SOPO was properly imposed in 2009, and the appellate court is not the proper venue for variation after such a delay.

Court Disposition

Both applications refused

Orders

  • Application for permission to appeal against sentence refused
  • Application for extension of time refused