R v William Peter Jaycock

R v William Peter Jaycock

Where conduct such as superimposing a child's face onto an adult body in a sexual pose amounts to the creation of a new indecent image of a child, the offence should generally be treated as a production offence for sentencing purposes; the judge was correct to apply the production category and to adjust the starting point downward given the facts.

Parties
Respondent: Rex; Appellant: William Peter Jaycock
Jurisdiction
England and Wales
Judgment Date
08 June 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Indecent Images of Children, Pseudo Photographs, Production Vs Possession, Reporting Restrictions
Criminal Law Sentencing Indecent Images of Children Pseudo Photographs Production Vs Possession Reporting Restrictions

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Parties

Rex

Respondent

William Peter Jaycock

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the creation of indecent pseudo-photographs of children should be sentenced as production or possession under the Sentencing Council guideline
  2. 2 Whether the sentencing judge erred in categorising the offence and in assessing aggravating factors

Ratio Decidendi

Where conduct such as superimposing a child's face onto an adult body in a sexual pose amounts to the creation of a new indecent image of a child, the offence should generally be treated as a production offence for sentencing purposes; the judge was correct to apply the production category and to adjust the starting point downward given the facts.

Court Disposition

appeal dismissed

Orders

  • No surcharge is payable; record to be amended accordingly.
  • Reporting restrictions under sections 45A and 46 of the Youth Justice and Criminal Evidence Act 1999 and the Sexual Offences (Amendment) Act 1992 to provide lifelong protection to victims.