R v Mark Gould
[2024] EWCA Crim 669
R v Paul James Merrell
17 April 2024
[2024] EWCA Crim 558
Court of Appeal
A school deputy headmaster ran a massive, illegal TV streaming service, making lots of money. He was caught and sentenced to 12 months in jail. He tried to appeal, saying it would hurt his school, but the court said the crime was too serious, and the sentence was fair.
Key Facts
- •Paul James Merrell, a deputy headteacher, illegally provided access to subscription-only television streams through his business, Media Maverick.
- •He had approximately 2000 customers and generated significant profits (over £400,000 gross revenue) by offering illegal access to channels like Sky TV and BT Sport for a fraction of the legitimate cost.
- •His operation involved selling software and providing online access to circumvent technological measures protecting copyrighted content.
- •The offending spanned from January 2017 to January 2021.
- •He pleaded guilty to possessing/distributing a device to circumvent technical measures and providing/marketing a service to do so.
- •He received concurrent 12-month prison sentences and a confiscation order of £91,254.
- •The judge considered the significant financial losses to copyright holders (estimated £2-3 million) and the appellant's lack of genuine business practices.
Legal Principles
Deterrent sentences are generally necessary in cases of illegal downloading and distribution of copyrighted material due to the difficulty of detection and investigation and cumulative effects on rights holders.
R v Evans [2017] EWCA Crim 137
Factors relevant to sentencing in this type of offense include duration of offending, profit, potential losses to rights holders, personal mitigation, and whether the activity was amateur, minor, or short-lived.
R v Evans [2017] EWCA Crim 137
Unless the activity is very amateur, minor or short-lived, an immediate custodial sentence is likely to be appropriate unless the mitigation is particularly compelling or there are other exceptional circumstances.
R v Evans [2017] EWCA Crim 137
Outcomes
Appeal against sentence dismissed.
The court found the judge's sentencing decision was neither wrong in principle nor unreasonable, considering the seriousness of the offense, its duration, the significant profits made, and the substantial losses to copyright holders. The court rejected arguments relating to the potential closure of the appellant's school.