R v WHD

R v WHD

PTSD did not reduce appellant's culpability for sexual offending; motivation was sexual interest, not linked to PTSD. Fresh evidence not admitted as it does not afford grounds for appeal. Victim surcharge order was unlawful due to offences spanning pre- and post-commencement dates.

Parties
Appellant: W H D; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed except for victim surcharge
Legal Topics
Sexual Offences, Sentencing, Fresh Evidence, Mental Disorder, Victim Surcharge
Criminal Law Sexual Offences Sentencing Fresh Evidence Mental Disorder Victim Surcharge

Case Brief

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Parties

W H D

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether fresh expert evidence of PTSD reduces appellant's culpability for sexual offences
  2. 2 Whether the victim surcharge order was lawful

Ratio Decidendi

PTSD did not reduce appellant's culpability for sexual offending; motivation was sexual interest, not linked to PTSD. Fresh evidence not admitted as it does not afford grounds for appeal. Victim surcharge order was unlawful due to offences spanning pre- and post-commencement dates.

Court Disposition

appeal dismissed except for victim surcharge

Orders

  • Victim surcharge order quashed
  • Appeal against sentence dismissed