[2004] EWCA Crim 3222

Where the defendant had been charged with conspiracy to distribute indecent photographs of children the judge had been entitled to find on the material that the prosecution had failed to demonstrate that the defendant was, to his knowledge, facilitating the distribution of material at levels significantly in excess of level two. It was not open to the Attorney-General to invite the court to sentence on a different basis from that of the crown court.

CA (Crim Div) (Kennedy LJ, Bell J, Hughes J)

07/12/2004