OUTRAGING PUBLIC DECENCY

April 1, 2015

The creation of indecent pseudo images of children, by superimposing photographs of a child’s head onto photographs of naked adults in indecent poses, constituted possession, and not production, of indecent photographs of children within the sentencing guidelines. Production offences did not include those where pseudo images were made using images taken from other sources. A sentence of two years’ imprisonment imposed on an offender of previous good character was reduced to a five-month suspended sentence with a requirement to attend a sexual offences treatment programme.

CRIMINAL LAW INDECENT PHOTOGRAPHS OF CHILDREN MITIGATION OUTRAGING PUBLIC DECENCY POSSESSION PRODUCTION SENTENCING SENTENCING GUIDELINES STARTING POINT VOYEURISM

June 19, 2012

The court quashed a sentence of 14 months’ imprisonment imposed after an offender’s guilty plea to outraging public decency by taking video footage underneath women’s skirts without their knowledge. A community order with a requirement to attend a sex offender programme was more likely to lead to the offender’s rehabilitation than a custodial sentence and would therefore best serve the interests of the public.

COMMUNITY ORDERS OUTRAGING PUBLIC DECENCY PHOTOGRAPHS PROSPECTS OF REHABILITATION REHABILITATION SENTENCING SENTENCING GUIDELINES SEXUAL OFFENCES SUPERVISION REQUIREMENTS TAKING FOOTAGE UNDERNEATH WOMEN’S SKIRTS WITHOUT CONSENT VOYEURISM WHETHER CUSTODIAL SENTENCE APPROPRIATE

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