||All England Reporter
|| All ER (D) 391 (Jun)
|| EWCA Crim 417
||Court of Appeal, Criminal Division
Gray and Henriques JJ
||Richard Barradell (assigned by the Registrar of Criminal Appeals) for the defendant.
||Alison Dorrell (instructed by the Crown Prosecution Service) for the prosecution.
||25 January 2007
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.
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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