Horn, R. v [2014] EWCA Crim 653 (27 February 2014)

Horn, R. v [2014] EWCA Crim 653 (27 February 2014)

There was no breach of trust as the victims were not the appellant's pupils, and no evidence justified prohibitions on contact with children. The sentence should reflect the young ages of victims but be reduced for mitigation and early guilty pleas. The victim surcharge order was unlawful as not all offending occurred after the relevant commencement date.

Citation
[2014] EWCA Crim 653
Parties
Prosecution: Regina; Appellant: Stephen Horn
Jurisdiction
England and Wales
Judgment Date
27 February 2014
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Sexual Offences, Indecent Images, Sexual Offences Prevention Orders
Criminal Law Sentencing Sexual Offences Indecent Images Sexual Offences Prevention Orders

Case Brief

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Parties

Regina

Prosecution

Stephen Horn

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether aggravating factors were properly applied in sentencing for possession and making of indecent images of children
  2. 2 Whether prohibitions in the Sexual Offences Prevention Order were necessary and proportionate
  3. 3 Lawfulness of victim surcharge order

Ratio Decidendi

There was no breach of trust as the victims were not the appellant's pupils, and no evidence justified prohibitions on contact with children. The sentence should reflect the young ages of victims but be reduced for mitigation and early guilty pleas. The victim surcharge order was unlawful as not all offending occurred after the relevant commencement date.

Court Disposition

appeal allowed in part

Orders

  • Sentences of 18 months' imprisonment quashed and substituted with 10 months' imprisonment, to be served concurrently
  • Paragraphs 3 and 5 of the Sexual Offences Prevention Order quashed