[2010] EWCA Crim 728
Following R. v Terrell (Alexander James) [2007] EWCA Crim 3079, [2008] 2 All E.R. 1065 it was inappropriate to impose a sentence of imprisonment for public protection on a repeat offender for offences of making an indecent photograph of a child where the link between any future reoffending by downloading indecent images and the possible harm to children that might be occasioned was too remote to satisfy the requirement in the Criminal Justice Act 2003 s.225(1)(b) that it would be the offender's reoffending which caused the serious harm.
CA (Crim Div) (Thomas LJ, Roderick Evans J, Coulson J)
09/03/2010