Choung, R. v

Choung, R. v

The judge was entitled to be satisfied that a sexual harm prevention order was necessary for the purpose of protecting children or vulnerable adults from sexual harm, but paragraph 1 of the order went beyond what was necessary and should be replaced with a more proportionate prohibition.

Source-derived case information.

Parties
Prosecution: Regina; Appellant: Young Suk Choung
Jurisdiction
England and Wales
Judgment Date
06 June 2019
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal partially allowed
Legal Topics
Sexual Harm Prevention Orders, Possession of Prohibited Images, Necessity Test, Internet Restrictions
Criminal Law Sexual Harm Prevention Orders Possession of Prohibited Images Necessity Test Internet Restrictions

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Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Young Suk Choung

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sexual harm prevention order was necessary
  2. 2 Whether paragraph 1 of the order went beyond what was necessary

Ratio Decidendi

The judge was entitled to be satisfied that a sexual harm prevention order was necessary for the purpose of protecting children or vulnerable adults from sexual harm, but paragraph 1 of the order went beyond what was necessary and should be replaced with a more proportionate prohibition.

Court Disposition

Appeal partially allowed

Orders

  • Paragraph 1 of the sexual harm prevention order quashed and replaced with a proportionate prohibition as per CPS standard form
  • Paragraphs 5 and 6 of the existing order deleted as unnecessary