| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 214 (May) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Hughes LJ, Treacy J and Sir Peter Cresswell |
| Representation | Andrew Walklate (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Judgment Dates: | 16 May 2008 |
Catchwords
Sentence - Custodial sentence - Imprisonment for public protection - Possessing an indecent photograph or pseudo photograph of a child - Making an indecent photograph or pseudo photograph of a child - Possessing an indecent photograph of a child with a view to distributing it - Whether judge erring in assessing significant risk - Whether sentence wrong in principle.
The Case
The defendant's appeal against sentences of imprisonment for public protection, imposed for a number of offences in relation to child pornography, would be allowed. In the instant case, having regard to the lack of previous convictions and the defendant's personal circumstances, the court was not persuaded that the requirement of ' the causing thereby of serious harm to members of the public' had been shown. Accordingly, the sentence of imprisonment for public protection would be quashed and substituted by a sentence of eight months' imprisonment, on each count, to run concurrently.
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