R. v. Rogers
[2014] EWCA Crim 830
In the Court of Appeal, Criminal Division
Case Number 201305677 A2
Before Lord Justice Pitchford, Justice Sweeney and Judge Bourne-Arton QC
Decided on April 08, 2014

Relevancy of the case: Appeal against the sentence for hacking into the personal computer and accounts of former partner

Statutes and Provisions Involved

• Computer Misuse Act, 1990 (Section 1)

Relevant Facts of the Case

• The appellant had been in a 12-year relationship with his partner. They separated from each other on March 21, 2011.
• His partner repeated her confirmation by email that the relationship was over and changed her email address and password.
• She complained at Carlisle Police Station that the appellant attempted to make unwelcome contact with her.
• She also suspected someone had obtained her new telephone number and email address and changed her password.
• As a result, the appellant was arrested. The police found files containing personal information of the complainant, her family, and friends obtained by hacking into computers.
• The appellant was informed about his suffering from hypertrophic obstructive cardiomyopathy. Thus, they did not assess him as suitable for unpaid work.
• Considering his health issues and jurisdiction, the court did not grant him community service and curfew and sentenced the appellant to imprisonment for six months
• The appellant approached the Court of Appeal, challenging the sentence order.

Prominent Arguments by the Counsels

• The appellant’s counsel submitted that:
  • The imprisonment might hinder his practice in the National Health Service.
  • If the judge had known his fitness, she might have sentenced him to unpaid work.

Opinion of the Bench

• The appellant has not submitted any evidence to support the assertion.
• Thus, the assertion does not provide any basis for disturbing the sentence imposed by the judge.

Final Decision

• The court dismissed the appeal.