Summary
Our client was facing a serious allegation of upskirting after the police uncovered several photos on his phone taken of women on the London Underground. Managing Partner Stephen Halloran represented our client on a privately funded basis, where our client ultimately received an 18-month community order.
Details of the Case
Police were questioning our client in relation to a different matter when they uncovered several photos and videos on his phone of women’s legs taken on what appeared to be the London Underground.
Our client was subsequently arrested and taken to be interviewed at Hammersmith police station. During his interview, he accepted having committed the offence and expressed genuine remorse for his actions. He was later charged with one count of upskirting.
Upskirting is a serious offence under UK law where the maximum potential sentence on conviction is up to 2 years custody, as well as adhering to notification requirements (the sex offenders’ register).
Our Defence
Following our client’s police station interview where he was unrepresented, our client chose to instruct Managing Partner Stephen Halloran on a privately funded basis due to Stephen’s expertise in defending serious sexual offences.
To build our client’s defence, Stephen instructed an expert whose report highlighted our client’s pervasive mental health issues since childhood. This had resulted in extreme insecurity around women, ultimately leading to his offending behaviour.
Given that our client accepted the offence, he ultimately entered a guilty plea to the charge of upskirting and a pre-sentence report (PSR) was prepared ahead of his sentencing.
Sentencing Outcome
Thanks to the strength of the expert’s report, the PSR was able to draw on the insights provided and similarly recommended against a custodial sentence for our client.
The PSR proposed a 12-month community order, noting that our client had already been attending therapy for a year to address his underlying issues and that his risks could be safely managed within the community.
At Westminster Magistrates’ Court, our client was sentenced to an 18-month community order with 180 hours of unpaid work and 25 days’ rehabilitation activity. This was an extremely favourable outcome for our client given the seriousness of the offence, as our client was able to avoid prison entirely and serve his sentence in the community.
This case is a testament to Lawtons’ expertise in specialist criminal defence, as without Stephen’s advice and guidance our client likely would have faced a far more severe outcome. If you’re facing a similar charge, it’s vital to seek advice from appropriate experts as soon as possible to ensure that you are met with the best possible outcome.
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