Stanley. R. v [2024] EWCA Crim 1647 (10 December 2024)

Stanley. R. v [2024] EWCA Crim 1647 (10 December 2024)

Given the seriousness, high culpability, and considerable harm caused by the applicant's conduct in publishing highly obscene material, immediate custody was the only appropriate punishment; the sentence was not manifestly excessive and suspension was not justified.

Citation
[2024] EWCA Crim 1647
Parties
Applicant: Peter Stanley; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
10 December 2024
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal refused
Legal Topics
Obscene Publications, Sentencing, Animal Cruelty (analogy), Appeals Against Sentence
Criminal Law Obscene Publications Sentencing Animal Cruelty (analogy) Appeals Against Sentence

Case Brief

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Parties

Peter Stanley

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for publishing obscene articles was manifestly excessive
  2. 2 Whether sufficient credit was given for personal mitigation
  3. 3 Whether the sentence should have been suspended

Ratio Decidendi

Given the seriousness, high culpability, and considerable harm caused by the applicant's conduct in publishing highly obscene material, immediate custody was the only appropriate punishment; the sentence was not manifestly excessive and suspension was not justified.

Court Disposition

Application for leave to appeal refused

Orders

  • 20 months' imprisonment concurrent on each count
  • Deprivation order in respect of applicant's mobile phone