Marshall, R. v [2023] EWCA Crim 1640 (14 December 2023)

Marshall, R. v [2023] EWCA Crim 1640 (14 December 2023)

The sentencing judge erred in principle by sentencing the appellant for distribution of indecent images, a separate and more serious offence, when he had pleaded guilty only to making such images. The correct approach was to sentence for the offence admitted, and in light of the appellant's circumstances and the...

Source-derived case information.

Citation
[2023] EWCA Crim 1640
Parties
Prosecution: Rex; Appellant: Dylan Joshua Benjamin Marshall
Jurisdiction
England and Wales
Judgment Date
14 December 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence of imprisonment quashed; community order imposed
Legal Topics
Sentencing, Indecent Images of Children, Community Orders, Distribution Vs Making of Indecent Images
Criminal Law Sentencing Indecent Images of Children Community Orders Distribution Vs Making of Indecent Images

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 13
Sign in to unlock

Parties

Rex

Prosecution

Dylan Joshua Benjamin Marshall

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred by sentencing for distribution rather than making of indecent images
  2. 2 Appropriate sentence for making indecent images of children

Ratio Decidendi

The sentencing judge erred in principle by sentencing the appellant for distribution of indecent images, a separate and more serious offence, when he had pleaded guilty only to making such images. The correct approach was to sentence for the offence admitted, and in light of the appellant's circumstances and the sentencing guidelines, a community order was appropriate.

Court Disposition

appeal allowed; sentence of imprisonment quashed; community order imposed

Orders

  • Sentences of imprisonment quashed
  • Appellant to be subject to a 24-month community order with an accredited programme requirement of 40 sessions and a rehabilitation activity requirement of at least 38 days