Brooks, R v, Court of Appeal - Criminal Division, August 15, 2017, [2017] EWCA Crim 1276

Issuing Organization:Criminal Division
Actores:Brooks, R v
Resolution Date:August 15, 2017
 
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SMITH BERNAL WORDWAVE

Neutral Citation Number: [2017] EWCA Crim 1276

Case No: 201701962/A2

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

Strand

London, WC2A 2LL

Date: Tuesday, 15 August 2017

B e f o r e:

LADY JUSTICE RAFFERTY DBE

MR JUSTICE SWEENEY

MR JUSTICE HOLROYDE

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R E G I N A

v

BENJAMIN BROOKS

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Computer Aided Transcript of the Stenograph Notes of

WordWave International Ltd trading as DTI,

165 Street London EC4A 2DY,

Tel No: 020 7404 1400 Fax No: 020 7831 8838

(Official Shorthand Writers to the Court)

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Mr J Woodward appeared on behalf of the Appellant

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J U D G M E N T (Approved)

If this transcript is to be reported or published, there is a requirement to ensure that no reporting restriction will be breached. This is particularly important in relation to any case involving a sexual offence, where the victim is guaranteed lifetime anonymity (Sexual Offences (Amendment) Act 1992), or where an order has been made in relation to a young person.

  1. MR JUSTICE HOLROYDE: On 13th February 2017, in the Crown Court at Preston, this appellant, a highly regarded doctor of previous good character, pleaded guilty to four offences against young girls. On 7th April 2017 he was sentenced to a total of 28 months' imprisonment and the usual ancillary orders were made. He now appeals against his sentence by leave of the single judge.

  2. The Sexual Offences (Amendment) Act 1992 applies to protect the young girls who are the victims of the sexual offences in this case. Accordingly nothing may be published in any report during their respective lifetimes which would identify any one of them as the victim of any of these offences. In addition an order made pursuant to section 45 of the Criminal Evidence and Youth Justice Act 1999 in relation to the fourth complainant and we confirm the order made below. We will refer to each of the complainants solely by initials.

  3. We can deal comparatively briefly with the facts. The appellant was 27 at the time of the offences. He is now 28. He was a qualified doctor, working at a busy hospital in Blackpool. He was well regarded by all who knew him and worked with him. He had achieved a first class degree and in his medical training was said, by at least one of the senior doctors who supervised him, to be simply "outstanding". We have read many testimonials. They speak very highly of his positive good character and attainments. They also express very clearly the utter bewilderment felt by all who know him as to his commission of these offences, which they all regard as entirely out of character for the man they know and admire.

  4. The offences were as follows. At about 8.15 pm on 20th November 2016 and therefore during the hours of darkness, the appellant approached two girls, who were standing together on a street corner. We will refer to them as "C", aged 10 and "M" aged 12. He asked them their names and ages and invited them to walk up the street with him. They refused. He then took hold of C's clothing, pinching the skin of her chest, and...

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