R v Alexander Johnston

R v Alexander Johnston

The applicant could not be sentenced for production of indecent images as the conduct was not criminal at the time; sentencing must be based on possession with aggravating factors, not production. The sentence imposed exceeded the proper category and was substituted with a lower sentence reflecting possession and aggravation.

Parties
Prosecution: Rex; Applicant: Alexander Johnston
Jurisdiction
England and Wales
Judgment Date
31 March 2026
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Sexual Offences, Indecent Images, Abuse of Trust
Criminal Law Sentencing Sexual Offences Indecent Images Abuse of Trust

Case Brief

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Parties

Rex

Prosecution

Alexander Johnston

Applicant

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the applicant could be sentenced for production of indecent images when the conduct was not criminal at the time
  2. 2 Appropriate sentencing category for possession of indecent images with aggravating factors

Ratio Decidendi

The applicant could not be sentenced for production of indecent images as the conduct was not criminal at the time; sentencing must be based on possession with aggravating factors, not production. The sentence imposed exceeded the proper category and was substituted with a lower sentence reflecting possession and aggravation.

Court Disposition

appeal allowed in part

Orders

  • Original sentence of 51 weeks' imprisonment quashed
  • Substituted with 9 months' imprisonment