R v Gareth James Hill
[2024] EWCA Crim 1009
R v Darren David Wheeler
28 July 2023
[2023] EWCA Crim 1786
Court of Appeal
Darren was in trouble for breaking rules that stopped him from using the internet without telling the police. He said he didn't understand them, but the court said he did, and he was guilty. They did lower his punishment a bit because he's ill and didn't really hurt anyone.
Key Facts
- •Appellant pleaded guilty to two counts of breaching a Sexual Harm Prevention Order (SHPO).
- •The SHPO prohibited creating social media accounts or using internet-capable devices without notifying the police.
- •Appellant had an active Facebook account and a Samsung tablet with his solicitor's number, neither of which he registered with the police.
- •Appellant initially sought to appeal his conviction, claiming dissatisfaction with his solicitor.
- •Appellant's mother submitted a letter detailing issues with their solicitors.
- •Appellant had a history of SHPO breaches and other convictions.
- •Appellant suffered from various health issues including a hernia, frontal lobe syndrome, a mild learning disability, and severe sight impairment.
Legal Principles
Section 23 of the Criminal Appeal Act 1968 allows for the introduction of fresh evidence.
Criminal Appeal Act 1968
Outcomes
Appeal against conviction dismissed.
The court found no arguable ground of appeal, noting the appellant's clear instructions to plead guilty and the overwhelming evidence against him.
Appeal against sentence partially allowed.
The court found the original sentence manifestly excessive, reducing the sentence from 12 months and six months consecutive (18 months total) to six months and two months consecutive (eight months total).