Birch, R. v

Birch, R. v

A sentence of three years' imprisonment for outraging public decency, ordered to run consecutively to an unserved licence period, was manifestly excessive. The appropriate sentence is 18 months' imprisonment, consecutive to the unexpired licence term, reflecting the seriousness of the offence, the appellant's risk to women, and the need to avoid double counting previous convictions.

Parties
Prosecutor: Regina; Appellant: Stephen Edward Birch
Jurisdiction
England and Wales
Judgment Date
20 April 2007
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
sentence reduced
Legal Topics
Sentencing, Outraging Public Decency, Indecent Exposure, Consecutive Sentences, Totality Principle
Criminal Law Sentencing Outraging Public Decency Indecent Exposure Consecutive Sentences Totality Principle

Case Brief

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Parties

Regina

Prosecutor

Stephen Edward Birch

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence of three years' imprisonment for outraging public decency was manifestly excessive
  2. 2 Whether sufficient weight was given to the appellant's guilty plea and the maximum sentence for indecent exposure

Ratio Decidendi

A sentence of three years' imprisonment for outraging public decency, ordered to run consecutively to an unserved licence period, was manifestly excessive. The appropriate sentence is 18 months' imprisonment, consecutive to the unexpired licence term, reflecting the seriousness of the offence, the appellant's risk to women, and the need to avoid double counting previous convictions.

Court Disposition

sentence reduced

Orders

  • The sentence of three years' imprisonment is quashed and replaced with 18 months' imprisonment, to run consecutively to the 489 days unexpired licence period.
  • Time spent on remand will count toward the sentence.