Townsend - Johnson, R. v [2010] EWCA Crim 1027 (23 April 2010)

Townsend - Johnson, R. v [2010] EWCA Crim 1027 (23 April 2010)

The deprivation order in respect of the applicant's computer was quashed because it was not properly considered as part of the sentencing process, and there was insufficient justification for its imposition given the circumstances and lack of ongoing risk.

Citation
[2010] EWCA Crim 1027
Parties
Prosecution: Regina; Applicant: Tom Frederick Townsend-Johnson
Jurisdiction
England and Wales
Judgment Date
23 April 2010
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence and Deprivation Order
Outcome
appeal allowed in part
Legal Topics
Possession of False Identity Documents, Deprivation Order, Sentencing Procedure
Criminal Law Possession of False Identity Documents Deprivation Order Sentencing Procedure

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Parties

Regina

Prosecution

Tom Frederick Townsend-Johnson

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence and Deprivation Order

Legal Issues

  1. 1 Whether the deprivation order in respect of the applicant's computer was lawfully and appropriately made
  2. 2 Whether the sentence was unlawful due to lack of legal representation

Ratio Decidendi

The deprivation order in respect of the applicant's computer was quashed because it was not properly considered as part of the sentencing process, and there was insufficient justification for its imposition given the circumstances and lack of ongoing risk.

Court Disposition

appeal allowed in part

Orders

  • leave to appeal against deprivation order granted out of time
  • deprivation order in respect of the computer quashed