White, R. v, Court of Appeal - Criminal Division, June 15, 2010, [2010] EWCA Crim 1929

Resolution Date:June 15, 2010
Issuing Organization:Criminal Division
Actores:White, R. v
 
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Neutral Citation Number: [2010] EWCA Crim 1929

Case No. 2009/06292/C4

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

The Strand

London

WC2A 2LL

Date: Tuesday 15 June 2010

B e f o r e:

LORD JUSTICE GOLDRING

MR JUSTICE WILKIE

and

HIS HONOUR JUDGE LORAINE-SMITH

(Sitting as a Judge of the Court of Appeal Criminal Division)

__________________

R E G I N A

- v -

GAVIN WHITE

__________________

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Miss A Ginn appeared on behalf of the Appellant

Mr G Perrins appeared on behalf of the Crown

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J U D G M E N T

LORD JUSTICE GOLDRING:

  1. On 29 October 2009, in the Crown Court at Peterborough, the appellant was convicted of assault by penetration contrary to section 2(1) of the Sexual Offences Act 2003. He was subsequently sentenced to two years' imprisonment. Having been convicted of an offence listed in Schedule 3 to the Sexual Offences Act 2003, he was required to comply with the provisions of Part 2 of the Act (notification to the police) for ten years. He was also disqualified indefinitely from working with children. That part of the sentence, it is agreed by both prosecution and defence, was inappropriate in the circumstances.

    The appellant appeals against both conviction and sentence by leave of the single judge.

  2. On 30 April 2008 the appellant took some intimate photographs of the complainant on his mobile telephone. One image showed the complainant's vagina being penetrated by two of his fingers. On 20 November 2008 he sent the photographs via a text message to the complainant. By then he had transferred the images from his original mobile phone to another one.

  3. It was the prosecution's case, and the complainant's evidence, that in 2008 there was no sexual relationship between the two of them, although there had been. It had ended initially in 2005, had resumed in 2007, and had ended it was said, in late 2007. The complainant said that until she received the images she knew nothing about them. She did not consent to the photographs being taken. To her knowledge no photographs were taken. She did not consent to the digital penetration depicted. The photographs must have been taken when she was asleep. Two of the images depicted a condom. In cross-examination the complainant agreed that the images could...

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