Townsend - Johnson, R. v

Townsend - Johnson, R. v

The deprivation order should not have been made as it was not properly considered within the sentencing process, and there was a risk of excessive punishment when combined with a substantial custodial sentence. The appeal against the deprivation order is allowed and the order is quashed.

Parties
Prosecutor: 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

Prosecutor

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 properly made
  2. 2 Whether the sentence was unlawful due to lack of legal representation

Ratio Decidendi

The deprivation order should not have been made as it was not properly considered within the sentencing process, and there was a risk of excessive punishment when combined with a substantial custodial sentence. The appeal against the deprivation order is allowed and the order is quashed.

Court Disposition

appeal allowed in part

Orders

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