Privett, R. v

Privett, R. v

For section 14 offences involving fictional children, the category of harm is determined by the sexual activity intended, not the existence of a real victim. Sentences should be proportionate to the applicable starting point and range, with some reduction to reflect the absence of actual harm. The sentences imposed in these cases were not manifestly excessive given the seriousness of the intended offences.

Parties
1st Appellant: Steven Mark Privett; 2nd Appellant: Tony John West; 3rd Appellant: Philip Richard Smisson; 4th Appellant: Marcello Buonaiuto; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
29 April 2020
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals dismissed except for reduction of victim surcharge in Smisson's case
Legal Topics
Sexual Offences, Arranging or Facilitating Child Sex Offence, Sentencing Guidelines, Dangerous Offender Assessment
Criminal Law Sentencing Sexual Offences Arranging or Facilitating Child Sex Offence Sentencing Guidelines Dangerous Offender Assessment

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Parties

Steven Mark Privett

1st Appellant

Tony John West

2nd Appellant

Philip Richard Smisson

3rd Appellant

Marcello Buonaiuto

4th Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Proper approach to sentencing for section 14 Sexual Offences Act 2003 offences where the child is fictional
  2. 2 Assessment of harm under the Sentencing Guideline when no real child is involved
  3. 3 Whether sentences imposed were manifestly excessive

Ratio Decidendi

For section 14 offences involving fictional children, the category of harm is determined by the sexual activity intended, not the existence of a real victim. Sentences should be proportionate to the applicable starting point and range, with some reduction to reflect the absence of actual harm. The sentences imposed in these cases were not manifestly excessive given the seriousness of the intended offences.

Court Disposition

Appeals dismissed except for reduction of victim surcharge in Smisson's case

Orders

  • Appeals against sentence dismissed for all appellants except Smisson
  • In Smisson's case, Victim Surcharge Order reduced to £120