Bennett [2019] EWCA Crim 792

The appellant was a prison officer who admitted inappropriate and sometimes sexual contact with 4 prisoners. She also provided information on cell phone blocking, cell searches, assisted with information for co-accused to be moved to the same wing and brought cannabis into the prison.

The officer made full admissions to her behaviour and considered herself to have been groomed. Although it was accepted that she had been “swept up” into something it was also noted that she was 44 years old and had previously been in the military and police so was not young and naïve. She was sentenced to 6 years 6 months imprisonment.

She appealed on the grounds the starting point was too high and that insufficient weight was given to personal mitigation. Full credit had been given for plea even though it was not indicated at the lower court, she had, however, made full and immediate admissions to the police.

Held: this was an unusual case because of the information the appellant was prepared to give to prisoners in relation to security measures at the prison, it fundamentally undermined the security in a way that is not found in other authorities referred to. There was a need for a severe sentence for deterrence and to reflect the different ways in which the appellant failed in her duty. This sentence was severe but not manifestly excessive.