Source: All England Reporter
Publisher Citation: [2007] All ER (D) 391 (Jun)
Neutral Citation: [2007] EWCA Crim 417
Court: Court of Appeal, Criminal Division
Judge:

Gray and Henriques JJ
Representation Richard Barradell (assigned by the Registrar of Criminal Appeals) for the defendant.
  Alison Dorrell (instructed by the Crown Prosecution Service) for the prosecution.
Judgment Dates: 25 January 2007

Catchwords

Sentence - Custodial sentence - Substitution of sentence - Manufacture, distribution and possession of child pornography - Guilty pleas - Judge imposing sentence of two and a half years imprisonment - Defendant serving almost one year in custody - Whether circumstances permitting substitution of custodial sentence to community penalty - (Sentencing) Act 2000, s 85.

The Case

Sentence Custodial sentence. In a case where the defendant who had served almost one year of his two and a half years custodial sentence for various counts, including the manufacture, distribution and possession of indecent photographs of children, a community penalty that comprised a period of supervision of two years, and a requirement for him to attend a sexual offending group work programme would be substituted, in the light of the fact that the defendant was an unusual man who was plainly in need of counselling and help, and the impact that he would have on the people in the community upon release.

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