Pinkerton, R. v

Pinkerton, R. v

The judge was not entitled to move outside the sentencing guideline range based solely on the depravity of a single film not representative of the collection. However, the number and weight of aggravating factors justified a sentence beyond the upper end of the possession category A range. The sentence imposed was not manifestly excessive, and there was no basis for interfering with it.

Parties
Respondent: Regina; Appellant: Jon Pinkerton
Jurisdiction
England and Wales
Judgment Date
25 January 2017
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Sentencing, Child Pornography, Possession of Indecent Images, Sentencing Guidelines, Appeal Procedure
Criminal Law Sentencing Child Pornography Possession of Indecent Images Sentencing Guidelines Appeal Procedure

Case Brief

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Parties

Regina

Respondent

Jon Pinkerton

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge was entitled to sentence outside the Sentencing Council's guidelines based on the depravity of a single film
  2. 2 Whether the sentence imposed was manifestly excessive
  3. 3 Whether sufficient weight was given to mitigating factors

Ratio Decidendi

The judge was not entitled to move outside the sentencing guideline range based solely on the depravity of a single film not representative of the collection. However, the number and weight of aggravating factors justified a sentence beyond the upper end of the possession category A range. The sentence imposed was not manifestly excessive, and there was no basis for interfering with it.

Court Disposition

Appeal dismissed

Orders

  • Sentence upheld
  • No interference with the sentence