Practice and Procedure


PUBLISHED April 4, 2003

Twelve months was the appropriate sentence for a defendant who had been charged with making pseudo-photographs of children.Appeal against sentence with leave of a single judge. The defendant ('P') had pleaded guilty to charges of making indecent or pseudo-photographs of children. P had been: (i) sentenced to three years' imprisonment; (ii) required to register under Sex Offenders Act 1997; and (iii) disqualified from working with children.HELD: (1) Guidance as to the approach in cases similar to the present one had been given in R v Oliver and others (2002) TLR 520. If the case had been contested a sentence of 12 months' imprisonment would have been appropriate. (2) In the circumstances as P had pleaded guilty a nine-months' sentence was substituted. In consequence the sex registration period was reduced to ten years.Appeal allowed.

[2003] EWCA Crim 723