Key Facts
- •Michael Salmon pleaded guilty to 20 sexual offences against six underage girls.
- •Offences included sexual communication with a child, distributing indecent photos of children, attempted sexual communication with a child, blackmail, and possession of indecent images.
- •The Crown Court initially didn't charge blackmail, later amending the indictment to include five blackmail counts after concerns about sentencing powers.
- •The appellant appealed both the conviction (on the grounds of abuse of process due to late amendment) and the sentence (nine years' imprisonment).
- •The blackmail involved threats, including threats to kill, and the distribution of indecent images of the victims to others, including friends and family.
- •The victims were mostly aged 12-13 years old, and Salmon used manipulative and threatening tactics.
- •Salmon pretended to be a teenager on Snapchat to gain the victims' trust.
Legal Principles
Abuse of process in amending indictments.
R v Maxwell [2010] UKSC 48; R v Bloomfield [1997] 1 Cr App R 135; R v Edgar [2000] (unreported); R v Love and Hyde [2013] EWCA Crim 257; R v Jordan Antoine [2014] EWCA Crim 1971
Principle of totality in sentencing.
Sentencing Guidelines (implied)
Sexual Offences (Amendment) Act 1992: victim anonymity.
Sexual Offences (Amendment) Act 1992
Outcomes
Appeal against conviction dismissed.
The Court found no abuse of process. The guilty pleas were on a 'full facts' basis, meaning the appellant compromised nothing by the addition of blackmail charges. The prosecution's action was not a reneging on a deal, and the amendment did not introduce new facts.
Appeal against sentence dismissed.
While the judge made some errors in the sentencing exercise (applying totality adjustment before plea credit), the overall sentence of nine years was not manifestly excessive given the severity and number of offences. The judge considered the principle of totality and the aggravating factors.