Aylesbury Magistrate Court
The Defendant, a male, in a sports centre unisex changing area, recorded a female in an adjacent cubicle doing a private act, with the intention, and for the purpose of obtaining sexual gratification, look at an image of that person doing the act, knowing that that person did not consent to the recording the act with that intention, contrary to Section 67(3) and (5) of The Sexual Offences Act 2003.
The Defendant pleaded guilty, and the Magistrates put the matter over for sentencing.
At the sentencing hearing, Penman Sedgwick made a series of legal submissions and referral to stated case law from the Court of Appeal ( Criminal Division ).
The sentence of the Court was:
1. A Community Order for a 12 month period.
2. An unpaid work requirement of 100 hours.
3. A notification requirement under the Sexual Offences Act 2003, Schedule 3.
This matter was an offence with aggravating factors, being recording activity, and as such the starting point was 26 weeks custody to crown Court.
R .v. City of Westminster Magistrates Court
Instructed to defend a client charged with 3 separate offences of committing an act outraging public decency by behaving in an indecent manner, namely using a mobile phone to film up a woman`s skirt on the London underground system , and retaining the images. A further 5 separate offences of the same nature, not charged were to be taken into account,, contrary to common law, and a history of similar offending. The pleas entered were guilty, and on the basis of lengthy legal submissions in mitigation, the client was not given a custodial sentence of up to a period of one year in the Magistrates Court, nor sent to the Crown Court for a greater custodial sentence.The sentence obtained was a Community Order, being restriction by way of electronic tag for a period of 3 months between the hours of 7.30pm -6.30am; a Sex Offenders Prevention Order for a period of 5 years not to have in possession a mobile telephone with a camera/video facility or other image retaining device, and prosecution costs of £85.00.
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