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ON APPEAL FROM CROWN COURT PORTSMOUTH
His Honour Judge Mousley QC
S20210131
REFERENCE BY THE ATTORNEY GENERAL UNDER
S.36 OF THE CRIMINAL JUSTICE ACT 1988
Strand, London, WC2A 2LL |
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B e f o r e :
MR JUSTICE JACOBS
and
HIS HONOUR JUDGE KEARL QC, RECORDER OF LEEDS
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REGINA |
Applicant |
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- and - |
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AAL |
Respondent |
____________________
Paul Fairley appeared on behalf of the Respondent
Hearing dates: 28.10.2021
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Crown Copyright ©
Lady Justice Thirlwall DBE:
i) For Indecent Assault on a Girl under 14 contrary to Section 14 of the Sexual Offences Act 1956: 2 year Community Order with requirement to undertake 40 days' Rehabilitation Activity and 200 hours unpaid work.
ii) For two charges of making an indecent Photograph of a Child contrary to s1(10)(a) of the Protection of Children Act 1978: 2 year Community Order on the same terms as the first charge.
i) a Sexual Harm Prevention Order of 5 years duration; and
ii) a 5 year Restraining Order.
Preliminary Matters
FACTS
Sentencing approach
a) the appropriate custodial term, and
b) a further period of 1 year for which the offender is to be subject to the licence."
Sentencing Hearing
Discussion
Starting Point
47A. In respect of charges 2 and 3 there will be concurrent sentences of 12 months imprisonment to be served concurrently with the sentence on the Indecent Assault. The community orders on all three charges are quashed.