Top Rape Barrister and Leading Criminal KC
Call now: +44 (0) 203 846 5801
≡
  • Home
  • Expertise
    • Rape Defence Barrister
    • Sexual Assault
      • Assault By Penetration Defence Barrister
      • Assault By Touching Defence Barrister
      • Administering Substances Defence Barrister
    • Underage sex
      • Grooming
    • Exploitation
    • Porn / Voyeurism
  • Criminal Appeals
  • Bail
  • Direct Access
  • Contact
  •  Call +44 (0) 203 846 5801
Top Criminal Barrister QC and Leading Rape Defence Counsel

Pornography and Voyeurism Defence Barrister

Court of Appeal decisions relating to pornography and voyeurism

 

February 26, 2019

The terms of a sexual offences prevention order imposed on an offender who had been sentenced for voyeurism, which included an almost blanket ban on using the internet, were changed where its terms did not conform to the guidance given in R. v Smith (Steven) [2011] EWCA Crim 1772 with the result that it was unworkable and disproportionate.

February 21, 2019

The court upheld a sexual harm prevention order, imposed for an indefinite duration, where an offender had received concurrent suspended prison sentences of 18 months after pleading guilty to three offences of possession of indecent photographs of a child and one offence of possessing an extreme pornographic image. Although the order had been imposed in circumstances which were far from satisfactory because the judge had not given explicit reasons to support the making of an indefinite order, the offender had given no indication whatsoever that he would address his offending behaviour and its causes. An order for an indefinite duration was necessary and proportionate.

August 22, 2018

To establish “possession” for the purposes of the offences of possessing indecent images of children or extreme pornographic images, the prosecution had to establish (a) that the images were within the accused’s custody or control so that he was capable of accessing them, and (b) that he had known that he possessed images. Where unsolicited images were sent to the accused by the messaging application “WhatsApp” and automatically downloaded to his phone’s memory, it was highly likely that (a) would be made out; whether (b) was made out would depend on whether he knew he had received images.

September 29, 2015

A sentence of 17 years and 2 months’ imprisonment with an eight-year extension period imposed for child sex offences was justified as the offender had carried out the systemic and sustained abuse of his step-daughter from age 6 to 11 and of her cousin, who suffered from autism, at age 12.

March 5, 2015

An extended sentence of 39 years, with a custodial term of 33 years, imposed in respect of a very large number of serious sexual offences against young girls was manifestly excessive; the appropriate custodial term was 30 years. The judge had also erred in adding up the consecutive sentences to reach the overall custodial term before imposing an extension period on the total: it was the overall extended determinate sentences that had to be consecutive, not just the custodial terms.

February 10, 2015

A total sentence of five years’ imprisonment imposed following guilty pleas to making indecent images of children, distributing indecent images of children, possessing extreme pornographic images and causing a child to engage in sexual activity was reduced to four years. The sentencing judge had failed to categorise properly the nature of the defendant’s activity relating to the imagery in accordance with the relevant sentencing guidelines, in particular that he had simply downloaded the majority of the indecent photographs rather than participating in their production.

October 8, 2013

The purpose of the legislation making it a crime punishable with imprisonment to have sexual relations with those under 16 years was to protect those under 16. A reduction of punishment on the basis that the victim encouraged the commission of the offence was wrong. The victim’s vulnerability was an aggravating rather than a mitigating feature.

January 31, 2013

In calculating the time to be served pursuant to an order under the Powers of Criminal Courts (Sentencing) Act 2000 s.116, justice required account to be taken of time spent in prison between recall to custody to serve the balance of a licence period for a previous offence and sentencing for a new offence committed while on licence.

July 6, 2012

When sentencing an offender for making and distributing indecent images of children, a judge had been entitled to take a high starting point above the sentencing guidelines to reflect the scale, gravity and grotesqueness of the material before him. However, extended sentences relating to possession of such images had to be corrected as they exceeded the maximum sentences allowable.

July 19, 2011

The court set out guidance on factors to be considered when making sexual offences prevention orders alongside other sentences and in respect of computer and internet use, personal contact with children and occupations or activities which were likely to bring the defendant into contact with children.

June 10, 2011

Evidence which was sought to be admitted under the Criminal Justice Act 2003 s.101(1)(d) as evidence of propensity was not inadmissible simply because the behaviour it evidenced post-dated the offences being tried.

June 9, 2011

A sentence of 12 months’ imprisonment, suspended for two years on condition that the offender take part in a sex offender treatment programme and carry out community work, was appropriate in the case of a 22-year-old man who had pleaded guilty to offences of viewing child pornography on the internet and one chatline offence of inciting a girl aged 13 to engage in sexual activity.

July 30, 2010

In a trial in which the defendant was charged with sexual offences, the judge had been wrong to admit “bad character” evidence suggesting that the defendant was a voyeur.

March 23, 2010

The imposition of a suspended custodial sentence for a basic offence of voyeurism was inappropriate where the offender had pleaded guilty and was a man of good character.

December 21, 2007

It was inappropriate to impose a sentence of imprisonment for public protection pursuant to the Criminal Justice Act 2003 s.225 on an offender convicted of making indecent photographs of children, because the link between the offending act of downloading images and the possible harm to children was too remote to satisfy the requirement that the offender’s reoffending would cause serious harm.

December 5, 2007

In relation to a charge of possessing indecent photographs of a child, a jury had been well aware of the issues it had to assess in considering whether a defendant knew that there was a likelihood that automatic “pop-up” mechanisms or redirections to other websites on legal, albeit pornographic, websites would occur and whether if, upon accessing the legal website, the “pop-ups” would contain separate illegal images.

Contact Stephen

Please use the form below to make contact. Your email will be responded to promptly (we endeavour to respond to all email enquiries within one hour). Alternatively, you can call Stephen's firm, Twelve Tabulae Limited, on +44 (0) 203 846 5801.

  • This field is for validation purposes and should be left unchanged.

 

"HISTORIC" OFFENCES ABUSE OF POSITION OF TRUST ADMISSIBILITY AGGRAVATING FEATURES ASSAULT BY PENETRATION ATTEMPTS BAD CHARACTER BUGGERY CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILDREN CHILD SEX OFFENCES CONSENT CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE CROSS-EXAMINATION DANGEROUSNESS DELAY EXTENDED SENTENCES FRESH EVIDENCE GUILTY PLEAS HUMAN RIGHTS IMPRISONMENT FOR PUBLIC PROTECTION INCONSISTENT VERDICTS INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN JURY DIRECTIONS MINIMUM TERM PREVIOUS CONVICTIONS RAPE RAPE OF CHILD UNDER 13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS SUMMING UP TOTALITY OF SENTENCE UNDUE LENIENCY YOUNG OFFENDERS

Twelve Tabulae | 1 Heddon Street, Mayfair, W1B 4BD | Tel: +44 (0) 141 2800504