P, R v [2018] EWCA Crim 1076 (27 April 2018)

P, R v [2018] EWCA Crim 1076 (27 April 2018)

The Sexual Harm Prevention Order was unnecessary as the appellant had no prior sexual interest in children, the offence was isolated, and registration requirements were sufficient; the custodial sentence was appropriate within the guidelines given the aggravating and mitigating factors.

Citation
[2018] EWCA Crim 1076
Parties
Prosecution: Regina; Appellant: Ryan P
Jurisdiction
England and Wales
Judgment Date
27 April 2018
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; Sexual Harm Prevention Order quashed; custodial sentence upheld.
Legal Topics
Sexual Offences, Sentencing, Sexual Harm Prevention Order, Mitigation, Abuse of Trust
Criminal Law Sexual Offences Sentencing Sexual Harm Prevention Order Mitigation Abuse of Trust

Case Brief

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Parties

Regina

Prosecution

Ryan P

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the sentence of 27 weeks' imprisonment was manifestly excessive
  2. 2 Whether the Sexual Harm Prevention Order was necessary and lawful

Ratio Decidendi

The Sexual Harm Prevention Order was unnecessary as the appellant had no prior sexual interest in children, the offence was isolated, and registration requirements were sufficient; the custodial sentence was appropriate within the guidelines given the aggravating and mitigating factors.

Court Disposition

Appeal allowed in part; Sexual Harm Prevention Order quashed; custodial sentence upheld.

Orders

  • Sexual Harm Prevention Order quashed
  • Custodial sentence of 27 weeks' imprisonment stands