R v Darren Hugh Hollywood
[2024] EWCA Crim 591
Jon Newman v R
17 September 2024
[2024] EWCA Crim 1147
Court of Appeal
A man was given a long prison sentence for having illegal child pornography and breaking court orders. The appeals court thought the sentence was too long, even though the individual parts of the sentence were fair. They made the sentence shorter and fairer.
Key Facts
- •Appeal against sentence for possession of indecent images of children and breaches of a Sexual Offences Prevention Order (SOPO).
- •Appellant, a 60-year-old man, had previous convictions for similar offences.
- •Appellant repeatedly breached his SOPO by possessing internet-enabled devices without notification and using anonymizing software.
- •Sentenced to 7 years 8 months imprisonment – 4 years 3 months for one indictment and 3 years 5 months consecutive for a committal for sentence.
- •Appeal argued that the overall sentence was too long and disproportionate, despite individual sentences being appropriate.
- •The judge considered totality when sentencing, but the Court of Appeal found the overall sentence excessive.
Legal Principles
Totality principle in sentencing: The overall sentence should reflect all offending behavior, harm, culpability, aggravating and mitigating factors, and be just and proportionate.
Sentencing Council Guideline on Totality
Breach of SOPO is separate and distinct offending, demonstrating disregard for court orders and public protection.
Court of Appeal Judgement
Outcomes
Appeal allowed in part.
Overall sentence of 7 years 8 months was disproportionate, despite individual sentences being appropriate. The Court adjusted the sentence to achieve proportionality.
Count 1 of the committal for sentence made concurrent, reducing the overall sentence.
To ensure proportionality of the overall sentence.
Sentence on count 2 of the committal for sentence reduced from 33 months to 30 months.
To ensure proportionality of the overall sentence.
Final sentence reduced to 6 years 9 months.
To ensure proportionality of the overall sentence.