Oliver & Ors, R. v, Court of Appeal - Criminal Division, November 21, 2002, [2002] EWCA Crim 2766

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Oliver & Ors, R. v, Court of Appeal - Criminal Division, November 21, 2002, [2002] EWCA Crim 2766

SMITH BERNAL

No. 2002/04477/Z3

2002/04164/X2 & 2002/02052/X1

Neutral Citation Number: [2002] EWCA Crim 2766

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

The Strand

London WC2A 2LL

Date: Thursday 21 November 2002

B e f o r e:

THE VICE-PRESIDENT OF THE COURT OF APPEAL CRIMINAL DIVISION

(LORD JUSTICE ROSE)

MR JUSTICE GIBBS

and

MR JUSTICE DAVIS

__________________

R E G I N A

- v -

MARK DAVID OLIVER

MICHAEL PATRICK HARTREY

LESLIE BALDWIN

__________________

Computer Aided Transcription by

Smith Bernal, 190 Fleet Street, London EC4

Telephone 020-7421 4040

(Official Shorthand Writers to the Court)

__________________

THE APPLICANT OLIVER was not represented and did not appear

MISS R DRAKE appeared on behalf of THE APPLICANT HARTREY

MR GAJ HOOPER appeared on behalf of THE APPELLANT BALDWIN

MR M DENNIS appeared on behalf of THE CROWN

____________________

J U D G M E N T

LORD JUSTICE ROSE:

1. In R v Wild (No 1) [2002] 1 Cr App R(S) 157, this court sought the views of the Sentencing Advisory Panel in relation to offences involving indecent photographs and pseudo-photographs of children, particularly in relation to the question as to when the custody threshold should be regarded as having been passed. As a result of that request, in August 2002 the Panel published its advice to the Court of Appeal. That has been the subject of consideration today. At the court's request, the Crown were represented by Mr Dennis. He made no submissions. We are grateful for the Panel's advice and, as will emerge, save in one or two respects, we adopt it.

2. In R v Toomer [2001] 2 Cr App R(S) 30, the Court of Appeal set out some general principles applicable to sentencing for these kinds of offence, but since that decision the maximum penalties for the relevant offences have been increased by Parliament.

3. The statutory position is...

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