Perkins & Ors v R. [2013] EWCA Crim 323 (26 March 2013)

Perkins & Ors v R. [2013] EWCA Crim 323 (26 March 2013)

Victim personal statements are admissible and relevant to harm but must be served in proper form and time; sentences imposed were not manifestly excessive given the seriousness and aggravating features; the conviction in Hall was safe as the victim statement did not create a material inconsistency.

Source-derived case information.

Citation
[2013] EWCA Crim 323
Parties
Appellant: Robert Perkins; Appellant: Billy Bennett; Appellant: Ronnie Hall; Respondent: R
Jurisdiction
England and Wales
Judgment Date
26 March 2013
Procedural Posture
Criminal Appeal / Appeal Against Sentence and Conviction
Outcome
All appeals dismissed except for quashing the Sexual Offences Prevention Order against Perkins.
Legal Topics
Victim Personal Statements, Family Impact Statements, Sentencing, Appeal Procedure, Sexual Offences, Aggravated Burglary
Criminal Law Victim Personal Statements Family Impact Statements Sentencing Appeal Procedure Sexual Offences Aggravated Burglary

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Parties

Robert Perkins

Appellant

Billy Bennett

Appellant

Ronnie Hall

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence and Conviction

Legal Issues

  1. 1 Proper use and evidential status of victim personal statements in sentencing and appeals
  2. 2 Appropriateness of sentences imposed for serious sexual offences and aggravated burglary
  3. 3 Procedural fairness in serving victim statements and conducting variation hearings

Ratio Decidendi

Victim personal statements are admissible and relevant to harm but must be served in proper form and time; sentences imposed were not manifestly excessive given the seriousness and aggravating features; the conviction in Hall was safe as the victim statement did not create a material inconsistency.

Court Disposition

All appeals dismissed except for quashing the Sexual Offences Prevention Order against Perkins.

Orders

  • Appeal against sentence by Perkins dismissed except Sexual Offences Prevention Order quashed.
  • Appeal against sentence by Bennett dismissed.