R v Dylan Joshua Benjamin Marshall
[2023] EWCA Crim 1640
R v Darren Hugh Hollywood
10 May 2024
[2024] EWCA Crim 591
Court of Appeal
A man was sentenced to 30 months in prison for having and sharing child abuse images. He appealed, arguing the sentence was too long. The appeal court disagreed, saying the judge fairly considered both the bad (seriousness of the crime) and good (showing remorse and getting help) things, and the sentence was fair.
Key Facts
- •Appellant pleaded guilty to various counts of making and distributing indecent photographs of children, contrary to section 1(1)(a) and (b) of the Protection of Children Act 1978.
- •Possession of 185 category A, 123 category B, and 217 category C indecent images of children, including moving images depicting child rape.
- •Distribution of indecent images to 'Paul', including category A images depicting child abuse.
- •Appellant had two previous convictions (not relevant to current offenses).
- •Appellant expressed remorse and undertook work with the Lucy Faithfull foundation.
Legal Principles
Sentencing for offences under the Protection of Children Act 1978.
Protection of Children Act 1978, section 1(1)(a) and (b)
Sentencing guidelines for indecent images of children, considering aggravating and mitigating factors.
Sentencing Council guidelines (implicitly referenced)
Outcomes
Appeal dismissed.
The court found the 30-month sentence (after a 25% reduction for a guilty plea) was not manifestly excessive, given the aggravating factors (use of security software, young age of victims, distress depicted, duration of possession, moving images, multiple counts) and the mitigating factors (remorse, work with Lucy Faithfull foundation, limited distribution, no similar previous convictions) were considered by the judge.