Source: All England Reporter
Publisher Citation: [2008] All ER (D) 43 (Jun)
Court: Court of Appeal, Criminal Division

Penry-Davey J and Judge Moss QC

Representation Louise Oakley (assigned by the Registrar of Criminal Appeals) for the defendant.
  Trevor Wright (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 5 June 2008


Sentence - Sexual offences - Sexual activity with a child - Sexual assault of a child - 18 months' imprisonment - Sexual prevention order - Whether sentence manifestly excessive.

The Case

A defendant's appeal against sentence would be allowed in part on the basis that the sexual prevention order stating that the defendant was 'not to have direct or indirect contact with any person under the age of 18 unless they were supervised by a guardian' had been too widely drawn and was unnecessarily draconian. That part of the order would be quashed. The lack of threats to, intimidation of or physical harm to a complainant did not amount to a mitigating factor. Accordingly, a sentence of 18 months' imprisonment following conviction of sexual activity with a child and sexual assault of a child, in relation to the defendant's two daughters, was not manifestly excessive.

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