Libby Anderson represented Mr. S, a 27 year old man convicted of three counts of failing to comply with notification requirements contrary to s.91 of the Sexual Offences Act 2003. The commission of these offences rendered him in breach of the suspended sentence imposed for the substantive offence. In addition, Mr. S faced a probation prosecution for two unacceptable absences from his unpaid work requirement. In just over twelve months, he had completed only eighteen hours of the two hundred hour requirement.
The new Sentencing Council Breach Offences Definitive Guideline, effective since 1st October 2018, applied to the failure to comply with notification requirement offences. The judge found that these offences fell into Category 2B with a starting point of 36 weeks custody.
Mr. S was also vulnerable to the activation of his suspended sentence as sought by probation, this being the second breach of the suspended sentence order. The first breach, in only March 2018, had been marked by an increase in the hours of unpaid work.
Despite all of this, Libby was able to persuade the Judge that it was unjust to activate the suspended sentence. After hearing her mitigation, the Judge imposed a further suspended sentence of eight months for the notification requirement offences and added twenty five hours unpaid work for the breaches.
Libby was instructed by Ben Holden of Lansbury Worthington Solicitors.