Court of Appeal varies sentence for child pornography offence on appeal, finding that, even though there were directly relevant previous convictions, this did not warrant application of the maximum sentence as a starting point in view of the quantity and nature of the material located.
Offences and original sentences: possession of child pornography (five years imprisonment with 12 months suspended), committing an indecent act in public (two years imprisonment) to run consecutively, plus a lesser concurrent sentence for an earlier count of committing an indecent act in public
Appeal by: defence
Outcome: sentences varied as follows:
First offence in time of committing an indecent act in public: 12 months imprisonment, per sentence in Circuit Court
Second offence in time of committing an indecent act in public: 20 months imprisonment, in agreement with Circuit Court Judge that the fact that this was a repeat offence committed in the same area added to the gravity
Child pornography offence: four years imprisonment with 18 months suspended, on grounds that even the striking factor and highly unusual factor of directly relevant previous convictions did not warrant the maximum starting point in view of the quantity and nature of the material located
Child pornography sentence to run consecutively to the concurrent public indecency offences, per ruling in Circuit Court; aggregate sentence therefore five years and eight months, of which final 18 months suspended, on same terms and conditions as applied in the Circuit Court