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Suspended sentence was unduly lenient for child pornography offences
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The Court of Appeal, on the application of the prosecution, has set aside a wholly suspended sentences imposed on an individual for possession and distribution of child pornography, ruling that non-custodial sentences were unduly lenient given the gravity of the offences. The original decision by the Circuit Criminal Court had suspended a 2-year sentence for possession and a 3-year sentence for distribution, both for a period of 4 years. The Court of Appeal determined that a custodial sentence was necessary, emphasizing the importance of general deterrence and the serious nature of the offenses, which included distribution and active encouragement of others to share exploitative material. The Court of Appeal imposed a new sentence of two and a half years, with the final year suspended, and took the possession offense into consideration.
Child pornography, possession, distribution, undue leniency, suspended sentence, Court of Appeal, Criminal Justice Act 1993, Child Trafficking and Pornography Act 1998, Kik Messenger Application, forensic examination, aggravating factors, mitigating factors, premeditation, rehabilitation, general deterrence, custodial sentence, Sex Offenders Act 2001, supervision order.
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