Matthew Andrews [2019] EWCA Crim 1871

The appellant pleaded guilty to distributing indecent photos of children and breaching a Sexual Offences Prevention Order. An extended sentence of 5 years was imposed, comprising a custodial term of 3 years.

The sentencing judge found the appellant to be dangerous, having been required to make an assessment as this was his second specified sexual offence. He appealed the finding of dangerousness on the basis there was no evidence upon which to base a finding that he posed a significant risk of causing serious physical or psychological harm to members of the public by the commission of further specified offences.

Held: where the sentencing judge has applied the correct test and taken into account all relevant material, as the sentencing judge did, the Court will be very slow to interfere. The Court was persuaded, however, that the evidence fell short of establishing the requisite risk of serious harm. Despite the escalation in the appellant’s behaviour, he had not contacted nor sought to make contact with any child, and there was no clear evidence he would be likely to do so.

The extended sentence was quashed and substituted with 3 years’ imprisonment.