Client immediately freed from prison and Sexual Harm Prevention Order halved in Sexual Assault Appeal success

Quentin was instructed by MPR solicitors to conduct an appeal for a Mr LE who had pleaded guilty to two counts of sexual assault contrary to s3 of the Sexual Offences Act 2003 relating to encounters with young unaccompanied females outside railway stations in South Wales. In respect of these matters, LE had been sentenced to a term of immediate imprisonment of 12 months and a 10-year Sexual Harm Prevention Order.

Quentin, who did not conduct the original sentencing exercise, was of the view that this sentence could be subject to challenge and an appeal was submitted on LE’s behalf.

The appeal was based on a number of grounds, the most important being that the original court had miscategorised the offence and that there was not ‘significant planning’ involved in the offending so as to bring the matter up to category 3A in the sentencing guidelines. Quentin was also of the view that the court had not taken into account to an adequate extent the good character and guilty plea of the client when passing sentence.

Quentin also challenged the Sexual Harm Prevention Order, making submissions that the term of 10 years was excessive and that some of the terms of the Sexual Harm Prevention Order should be removed as they were unnecessary, disproportionate and unworkable.

The appeal was successful. The Appeal Court agreed with Quentin’s submission that the original Court had miscategorised the offence and that the defendant should not have been subject to a sentence of imprisonment. The appeal was allowed, and the term of imprisonment was substituted for a community order with conditions. Mr LE was released from custody that day.

The Court also agreed with Quentin’s submissions that the Sexual Harm Prevention Order should be varied. The term of the order was reduced by half- from 10 years to 5 years, and all of the terms of the order that Quentin objected to were removed, as the Court agreed that they were not proportionate or necessary. The Court also made a defendant’s costs order in favour of Quentin’s client.

If you face sentencing proceedings it is important to get it right first time around or, if an incorrect sentence has been passed, it is important to get robust and effective representation on appeal.

Quentin Hunt is a specialist criminal barrister of over 25 years’ experience who specialises in dealing with sentencing and appeal matters in sexual assault cases. Quentin accepts instructions both directly from members of the public and through solicitors. If you wish to have a free, no obligation conversation about your case you may contact Quentin.

Quentin does not accept instructions through the legal aid scheme.