R v Michael Simpson
| Jurisdiction | Northern Ireland |
| Judge | Coghlin LJ |
| Judgment Date | 18 December 2014 |
| Neutral Citation | [2014] NICA 83 |
| Date | 18 December 2014 |
| Court | Court of Appeal (Northern Ireland) |
| Year | 2014 |
Neutral Citation No. [2014] NICA 83
Ref:
COG9472
Judgment: approved by the Court for handing down
Delivered:
18/12/2014
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NOTHERN IRELAND
_______
THE QUEEN
-v-
MICHAEL SIMPSON
________
Before: Coghlin LJ, Weatherup J and O’Hara J
________
COGHLIN LJ (delivering the judgment of the court)
[1] This is an appeal with leave of the single judge against the making
of a Sexual Offences Prevention Order (“SOPO”) in accordance with the
provisions of the Sexual Offences Act 2003 (the “2003 Act”) imposed upon
the appellant by His Honour Judge Grant at Downpatrick Crown Court on
27 November 2013. The appellant was also made the subject of a sentence
of imprisonment which he has subsequently served. Mr Frank
O’Donoghue QC and Mr M D Barlow appeared on behalf of the appellant
while the Crown was represented by Ms Laura Ievers. The court is grateful
to both sets of counsel for their carefully constructed and well-focused
written and oral submissions.
Background facts
[2] On 10 January 2012 the police executed a warrant at the appellant’s
home address and seized computer equipment. When that equipment was
examined a GF/9 VIO storage device was found to contain category 1 and
2 images of young girls aged between 8 and 12 who were either alone or
posing together. In many of the images the children were posed with
makeup and, in some, genitalia were exhibited. Computer towers GF/3
and GF/13 were seized and, while these were not found to contain any
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7 cases
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R v CZ
...• The terms of the order should be both necessary and proportionate. [39] The central tests are well summed up by Coghlin LJ in Simpson [2014] NICA 83. The following paragraphs are helpful in describing the position: “[8] In R v Smith and Others [2011] EWCA Crim 1772 Hughes LJ delivering th......
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Queen v Gerald O'Hara
...than the order of the court. [40] Certain aspects of the SOPO sentencing mechanism were further considered by this court in R v Simpson [2014] NICA 83. In this case the offender, having pleaded guilty to 16 counts arising out of some 840 indecent child images on his computer, was sentenced ......
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R v QD Director of Public Prosecution's Reference (Number 6 of 2019)
...a court may make a SOPO under section 104(1) of the 2003 Act were considered by this court in R v Shannon [2008] NICA 38, R v Simpson [2014] NICA 83 and R v CZ [2018] NICA 53. We adopt but do not considered it necessary to repeat what Campbell LJ stated in R v Shannon in delivering the judg......
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Queen v John Hanrahan and James John Hanrahan
...and proportionality. A similar approach has been adopted by this court see R v Jones [2011] NICA 62 at [10] – [11] and R v Simpson [2014] NICA 83 at [8]. We consider that this applies equally to the two species of VOPO. [50] The Serious Crime Prevention Order (“SCPO) is another sentencing m......
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