Watty, R. v

Watty, R. v

There was insufficient evidential basis to conclude a significant risk of serious harm or repeated sexual offending by the appellant; the offences were at the lower end of the scale, and the appropriate sentence was 12 months' imprisonment concurrent on each count, not imprisonment for public protection.

Parties
Prosecutor: Regina; Appellant: Stephen Watty
Jurisdiction
England and Wales
Judgment Date
15 January 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sexual Offences, Sentencing, Imprisonment for Public Protection, Risk Assessment
Criminal Law Sexual Offences Sentencing Imprisonment for Public Protection Risk Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Stephen Watty

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of imprisonment for public protection was appropriate for the offences committed
  2. 2 Whether the determinate sentence imposed was manifestly excessive

Ratio Decidendi

There was insufficient evidential basis to conclude a significant risk of serious harm or repeated sexual offending by the appellant; the offences were at the lower end of the scale, and the appropriate sentence was 12 months' imprisonment concurrent on each count, not imprisonment for public protection.

Court Disposition

appeal allowed

Orders

  • Sentence of imprisonment for public protection quashed
  • Substituted sentence of 12 months' imprisonment concurrent on each count