Jaycock, R. v [2024] EWCA Crim 954 (11 July 2024)

Jaycock, R. v [2024] EWCA Crim 954 (11 July 2024)

Where an offender creates new indecent images of children by digitally manipulating lawful images, this conduct amounts to production and should generally be sentenced as such under the guideline, with appropriate adjustment for culpability and harm. The judge was correct to treat the appellant's conduct as...

Source-derived case information.

Citation
[2024] EWCA Crim 954
Parties
Prosecution: Rex; Appellant: William Peter Jaycock
Jurisdiction
England and Wales
Judgment Date
11 July 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Indecent Images of Children, Pseudo Photographs, Production Vs Possession, Protection of Children Act 1978, Sexual Offences Act 2003
Criminal Law Sentencing Indecent Images of Children Pseudo Photographs Production Vs Possession Protection of Children Act 1978 Sexual Offences Act 2003

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Summary, issues, holding and outcome

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Parties

Rex

Prosecution

William Peter Jaycock

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the appellant's conduct should be sentenced as production or possession of indecent images under the Sentencing Council guideline
  2. 2 Whether the sentencing judge erred in categorising the images as involving children rather than adults

Ratio Decidendi

Where an offender creates new indecent images of children by digitally manipulating lawful images, this conduct amounts to production and should generally be sentenced as such under the guideline, with appropriate adjustment for culpability and harm. The judge was correct to treat the appellant's conduct as production, and any error regarding the age of persons in the images did not materially affect sentence.

Court Disposition

appeal dismissed

Orders

  • No change to sentence; appeal fails.
  • Record to be amended to show that no statutory surcharge is payable.