Frew, R v

Frew, R v

The sentence of 2 years was manifestly excessive given the circumstances, including the girl's age and the consensual nature of the act. The Sexual Offences Prevention Order was not necessary as there was no foundation for believing the appellant posed a continuing risk of serious sexual harm. However, a disqualification order from working with children was mandatory and appropriate.

Parties
Prosecutor: Regina; Appellant: Wayne Gary Frew
Jurisdiction
England and Wales
Judgment Date
22 April 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence and Order
Outcome
appeal allowed in part
Legal Topics
Sexual Offences, Sentencing, Sexual Activity With a Child, Sexual Offences Prevention Order, Disqualification From Working With Children
Criminal Law Sexual Offences Sentencing Sexual Activity With a Child Sexual Offences Prevention Order Disqualification From Working With Children

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Parties

Regina

Prosecutor

Wayne Gary Frew

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence and Order

Legal Issues

  1. 1 Whether the sentence of 2 years' imprisonment for sexual activity with a child was manifestly excessive
  2. 2 Whether the Sexual Offences Prevention Order was necessary and lawful
  3. 3 Whether a disqualification order from working with children should be imposed

Ratio Decidendi

The sentence of 2 years was manifestly excessive given the circumstances, including the girl's age and the consensual nature of the act. The Sexual Offences Prevention Order was not necessary as there was no foundation for believing the appellant posed a continuing risk of serious sexual harm. However, a disqualification order from working with children was mandatory and appropriate.

Court Disposition

appeal allowed in part

Orders

  • prison sentence reduced from 2 years to 18 months
  • Sexual Offences Prevention Order quashed