S, R v [2001] EWCA Crim 2638 (19 November 2001)

S, R v [2001] EWCA Crim 2638 (19 November 2001)

Given the psychiatric and psychological evidence indicating a genuine opportunity for rehabilitation and the appellant's willingness to engage in therapy, a community rehabilitation order with strict conditions is preferable to continued imprisonment for both the appellant's interests and public protection.

Citation
[2001] EWCA Crim 2638
Parties
Prosecution: Regina; Appellant: S M S
Jurisdiction
England and Wales
Judgment Date
19 November 2001
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed
Legal Topics
Sentencing, Public Decency Offences, Community Rehabilitation, Sexual Offences
Criminal Law Sentencing Public Decency Offences Community Rehabilitation Sexual Offences

Case Brief

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Parties

Regina

Prosecution

S M S

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the custodial sentence should be replaced with a community rehabilitation order given the appellant's psychiatric and psychological profile and risk to the public.

Ratio Decidendi

Given the psychiatric and psychological evidence indicating a genuine opportunity for rehabilitation and the appellant's willingness to engage in therapy, a community rehabilitation order with strict conditions is preferable to continued imprisonment for both the appellant's interests and public protection.

Court Disposition

appeal allowed

Orders

  • Sentence of imprisonment quashed and replaced with three years' community rehabilitation order from today's date.
  • Condition of residence at parents' house, with partner also residing there.