Jones, R v

Jones, R v

The police did not instigate or create the offence but provided an opportunity for the appellant to attempt to commit it. The appellant's intention and actions satisfied the requirements for attempt under s.8 Sexual Offences Act 2003, even though the 'child' was fictitious. The law does not require an identifiable victim for incitement. The appeal fails on all grounds.

Parties
Respondent: Regina; Appellant: Ian Anthony Jones
Jurisdiction
England and Wales
Judgment Date
15 May 2007
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Guilty Plea and Ruling on Abuse of Process
Outcome
Appeal dismissed
Legal Topics
Entrapment, Attempted Sexual Offences, Abuse of Process, Incitement, Police Conduct
Criminal Law Entrapment Attempted Sexual Offences Abuse of Process Incitement Police Conduct

Case Brief

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Parties

Regina

Respondent

Ian Anthony Jones

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Guilty Plea and Ruling on Abuse of Process

Legal Issues

  1. 1 Whether the proceedings should be stayed as an abuse of process due to alleged police entrapment
  2. 2 Whether the facts disclosed an offence known to law under s.8 Sexual Offences Act 2003
  3. 3 Whether the police conduct amounted to creating the offence or merely providing an opportunity

Ratio Decidendi

The police did not instigate or create the offence but provided an opportunity for the appellant to attempt to commit it. The appellant's intention and actions satisfied the requirements for attempt under s.8 Sexual Offences Act 2003, even though the 'child' was fictitious. The law does not require an identifiable victim for incitement. The appeal fails on all grounds.

Court Disposition

Appeal dismissed