SWANSEA STUDENT APPEALS VOYEURISM SENTENCE AFTER POOL INCIDENT
A man who secretly photographed a woman in the changing rooms of a busy swimming pool has successfully challenged his sentence.Ruben Goswell was originally handed a suspended sentence for voyeurism but that has now been changed on appeal.Asked by a judge whether the 21-year-old defendant had learnt a lesson, his barrister said the experience of going through the court system had been "absolutely terrifying for him".Ryan Bowen, for the respondent, told Swansea Crown Court, that the offence happened in February this year at the Wales National Pool off Sketty Lane in Swansea.He said the complainant in the case - who has legal anonymity - was in one of the cubicles in the pool's changing rooms when she saw a "blue flash" over the top of the cubicle wall.He said the woman initially thought it may have been a blue towel but when she looked more closely she saw a phone with a blue case appearing and a thumb moving which suggested a photo was being taken.The woman immediately stepped out of the cubicle and challenged the person in the next cubicle.
A lifeguard from the pool was notified and when Goswell questioned he admitted taking a picture.
Police were then called.The court heard that because the defendant made admissions at the scene to police, his phone was not examined and downloaded so it is not known how many pictures he took.
In his subsequent interview, university student Goswell answered "no comment" to all questions asked.In an impact statement which was read to the court, the victim said the incident had "triggered difficult memories" for her, led to an exacerbation of her mental health issues, and seen a "spiral into negative thoughts".
She said she was now "more cautious around men" in the wake of the pool incident.Ruben Goswell, of Swansea University's Singleton campus, had previously pleaded guilty to voyeurism and been sentenced to 10 weeks in prison suspended for 12 months and made subject to the sex offenders notification requirement for seven years and a rehabilitation requirement when he appeared at the higher court for an appeal hearing.
He has no previous convictions.Kate Hare, for Goswell, said the defendant was a university student of previously good character, and was genuinely remorseful for his actions.
She said a pre-sentence report detailed her client's neurodiversity and its impact on his behaviour.
The barrister said in her submission there were no aggravating factors in the case and a "wealth of mitigation" for Goswell, and she said she would submit an appropriate placement of the case on the sentencing guidelines would have resulted in a high, or even medium, community order.Judge Huw Rees said the question for him and the magistrates sitting with him in appeal was whether the original sentence was excessive.He said based on everything they had read and heard, Goswell had been sentenced on the basis of a submission made by the prosecution that the offending was aggravated by the picture or pictures taken being available to be viewed by others - but he said police had "declined" to download the defendant's phone following his arrest and such a submission had been "unwarranted on the facts." He said he did not make any criticism of magistrates for their decision based on that submission, and said they must have sentenced the defendant on the basis of raised harm when in fact there were no factors indicating raised harm.Judge Rees said in the view of the bench the sentence should be changed to one of a 12 month community order, and to that extent the appeal would be allowed.
He said there had been no punitive element to the original sentence as had been recommended in the pre-sentence report, and he said to that end he was impose 150 hours of unpaid work in the community.Judge Rees asked the barrister whether a lesson has been learnt, and she replied: "In a word, 'yes'.
The experience of going through the court system has absolutely terrified him."The court heard Goswell is subject to a university disciplinary process which has been awaiting the outcome of the criminal proceedings.
