The defendant had downloaded from the internet 380 indecent images of children, the vast majority of which were at Level 1 but there were also 32 at Level 3 and 53 at Level 4.
Held: The appeal failed. There could be a sufficiently direct connection between simply downloading indecent images and serious harm to a child for sections 224-229 to be satisfied. Whether a sentence of imprisonment for public protection should be imposed should be tested on the basis that there was no risk of direct physical assault on children by the defendant and that what mattered was the general risk to children if he were again to look at material of the kind which had brought him before the court. The judge had been fully entitled to reach the conclusion, in imposing a sentence of imprisonment for public protection, that Howe satisfied the statutory criteria.
Judges:
Sir Igor Judge P
Citations:
[2006] EWCA Crim 3147
Jurisdiction:
England and Wales
Cited by:
Cited – Terrell, Regina v CACD 21-Dec-2007
The defendant appealed his sentence for making indecent images of children. Additional sentences had been imposed for public protection. He had a previous conviction for a similar offence.
Held: The additional sentence should not have been . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 07 September 2022; Ref: scu.263217