Source: All England Reporter
Publisher Citation: [2007] All ER (D) 406 (Mar)
Neutral Citation: [2006] EWCA Crim 2496
Court: Court of Appeal, Criminal Division
Judge:

Moore-Bick LJ, Grigson J and Judge Moss QC

Representation Emma Nash (assigned by the Registrar for Criminal Appeals) for the defendant.
  David Holborn (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 6 October 2006

Catchwords

Sentence - Imprisonment - Length of sentence - Making an indecent photograph of a child - Possessing an indecent photograph of a child - Whether sentence manifestly excessive.

The Case

Sentence Imprisonment. The defendant's sentence of 18 months' for an offence of making an indecent photograph of a child was quashed and substituted with one of nine months' and the extension period of five years for 11 counts of making an indecent photograph of a child was quashed and substituted with two years on each count, because the trial judge's starting point of two-and-half years was too high. The extension period for count 12, possession of an indecent photograph of a child, was unlawful because the offence had occurred before the relevant provisions of the Powers of Criminal Court (Sentencing) Act 2000 had come into effect.

Practice Areas

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