Wakeling, R. v

Wakeling, R. v

A total of 92 Level 4 and 5 images, including extreme pornographic material, constitutes a large quantity and justifies a 12-month starting point, but a total sentence of 12 or 14 months is excessive for a person of previous good character pleading guilty; the correct sentence is 10 months' imprisonment concurrent on all counts.

Parties
Prosecution: Regina; Appellant: Derek Arnold Wakeling
Jurisdiction
England and Wales
Judgment Date
15 September 2010
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Sentencing, Indecent Images, Extreme Pornography, Mitigation, Sentencing Guidelines
Criminal Law Sentencing Indecent Images Extreme Pornography Mitigation Sentencing Guidelines

Case Brief

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Parties

Regina

Prosecution

Derek Arnold Wakeling

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Appropriate application of sentencing guidelines for possession of indecent images and extreme pornography

Ratio Decidendi

A total of 92 Level 4 and 5 images, including extreme pornographic material, constitutes a large quantity and justifies a 12-month starting point, but a total sentence of 12 or 14 months is excessive for a person of previous good character pleading guilty; the correct sentence is 10 months' imprisonment concurrent on all counts.

Court Disposition

appeal allowed in part

Orders

  • Sentences of 12 and 14 months set aside and substituted with 10 months' imprisonment concurrent on all counts