R v Robert Hanna

R v Robert Hanna

The SHPO was not justified as the statutory test under section 346 of the Sentencing Act 2020 was not met; there was no real risk of sexual offending against children in general or under 16, and the appellant was already subject to significant statutory restrictions.

Parties
Prosecution: Rex; Appellant: Robert Hanna
Jurisdiction
England and Wales
Judgment Date
19 December 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed in part; SHPO quashed; renewed application for leave to appeal custodial sentence refused.
Legal Topics
Sexual Offences, Position of Trust, Sentencing, Sexual Harm Prevention Order, Appeal Procedure
Criminal Law Sexual Offences Position of Trust Sentencing Sexual Harm Prevention Order Appeal Procedure

Case Brief

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Parties

Rex

Prosecution

Robert Hanna

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the custodial sentence was manifestly excessive
  2. 2 Whether the Sexual Harm Prevention Order (SHPO) was necessary and proportionate

Ratio Decidendi

The SHPO was not justified as the statutory test under section 346 of the Sentencing Act 2020 was not met; there was no real risk of sexual offending against children in general or under 16, and the appellant was already subject to significant statutory restrictions.

Court Disposition

Appeal allowed in part; SHPO quashed; renewed application for leave to appeal custodial sentence refused.

Orders

  • Sexual Harm Prevention Order quashed
  • Custodial sentence of 3 years' imprisonment upheld