P, R v

P, R v

The Sexual Harm Prevention Order was unnecessary given the absence of prior sexual interest in children, the isolated nature of the offence, and lack of risk factors; the custodial sentence was appropriate within the Guidelines after balancing aggravating and mitigating factors.

Parties
Prosecution: Regina; Appellant: Ryan P
Jurisdiction
England and Wales
Judgment Date
27 April 2018
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal allowed in part; Sexual Harm Prevention Order quashed; custodial sentence upheld
Legal Topics
Sexual Offences, Sentencing, Sexual Harm Prevention Orders
Criminal Law Sexual Offences Sentencing Sexual Harm Prevention Orders

Case Brief

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Parties

Regina

Prosecution

Ryan P

Appellant

Procedural Posture

Criminal 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 given the absence of prior sexual interest in children, the isolated nature of the offence, and lack of risk factors; the custodial sentence was appropriate within the Guidelines after balancing 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