SEX OFFENDER PHILIP BURNHAM'S JAIL SENTENCE IN CHESTER REDUCED BY APPEAL

In March 2011, the prison sentence of Philip Mark Burnham, a 35-year-old sex offender from Highfield Road, Blacon, was reduced by a quarter after an appeal by his legal representatives. Burnham had been sentenced to 20 months in November of the previous year at Aylesbury Crown Court in Buckinghamshire, after admitting to sexually assaulting a young girl of primary school age by rubbing his hands against her. His lawyers argued that the sentence was excessively harsh, especially since the victim was unaware of the assault.

The Court of Appeal in London, consisting of three senior judges including Mr Justice Bean, agreed with the defense and reduced Burnham’s term to 15 months. Mr Justice Bean noted, “Burnham was imprisoned in 1997 for indecently assaulting young girls and a boy, but he targeted another girl last year, some years after his release from prison.” The court was informed that Burnham had later contacted his victim, and he admitted to the police what he had done during an interview.

Jonathan Mitchell, representing Burnham, explained that his client had sought to deal with his attraction to children after his initial imprisonment but had struggled and “fallen off the wagon” again last year. Mitchell stressed that the 20-month sentence was “manifestly excessive,” particularly because the victim was unaware of his inappropriate conduct and Burnham had admitted his guilt.

Mr Justice Bean, alongside Sir Anthony May and Mr Justice Eder, stated, “This was not only a case of an early plea of guilty, but one where the victim was fortunately entirely unaware of what had happened. It was only by his own admission to the police that the appellant enabled a case against him to be brought. We are aware that the sentencing judge is extremely experienced in these matters. Nevertheless, we consider a lower starting point should have been taken.”