Source: All England Reporter
Publisher Citation: [2008] All ER (D) 210 (Jul)
Court: Court of Appeal, Criminal Division
Judge:

Toulson LJ, Rafferty J and the Recorder of Hull
Representation Ian Graham (assigned by the Registrar of Criminal Appeals) for the defendant.
  Caroline Goodwin (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 16 July 2008

Catchwords

Sentence - Imprisonment - Length of sentence - Making an indecent photograph of a child - Possessing an indecent photograph of a child - Sexual assault on a child - Some offences being committed prior to coming into force of relevant legislation - Defendant sentenced to imprisonment for public protection - Whether sentence unlawful - Whether sentence wrong in principle.

The Case

Sentence Imprisonment. The appeal would be allowed in the case of a defendant who had pleaded guilty to sexually assaulting his granddaughter and to making an indecent photographs of a child. Sentences of imprisonment for public protection, which had been imposed in relation to offences which had been committed prior to the coming into force of the and in relation to non-serious specified offences, were unlawful and were quashed. The appropriate sentences, having regard to the facts, was a total of five and a half years' imprisonment, less time spent in custody on remand. in all the circumstances

Practice Areas

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