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R v David Brian Swinscoe

A judge was wrong to assess a defendant as posing a significant risk of causing serious harm to the public where the evidence did not support the requirement that the harm would result in death or serious personal injury.

13 October 2006

The appellant (S) appealed against a sentence of imprisonment for public protection, in relation to sexual offences, under s 225 of the Criminal Justice Act 2003 comprising a minimum term of two years’ imprisonment with a notional determinate element of three years and a term of 12 months to run consecutively, following his convictions and guilty pleas to sexual assault of a child under 13 years of age and sexual activity with a child. S had approached the eight-year-old victim (V) and a friend. S commented on V’s clothes, asked her what colour her underwear was and lifted up her skirt. S then put his fingers on V’s vaginal area over her underwear. V pushed S’s hand away, went home and reported the incident to her mother. While on bail for the initial offence, S befriended a 13-year-old girl (M), whom he met on several occasions and touched inappropriately by fondling her breasts and kissing her. The matter was reported to the police following concerns raised by the mother o...

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