Jason Allington [2019] EWCA Crim 1430

The appellant pleaded guilty to arranging or facilitating the commission of a child sex offence and sentenced to an extended sentence comprising a custodial term of 4 years and an extension period of 3 years.

The police set up a fake profile for a 13 year old girl on “MyLOL”, the appellant accessed her profile and began conversing with her. He said he was 18 when he was in fact 40. He directed her to a secure messaging service and arrangements were made to meet for sex.

Held: the sentencing judge was not made aware of the authority in Baker, the question to be considered was whether making an arrangement to behave in a particular way fell within the same category of harm as actually committing the act. Did it require the same level of sanction? In this case the Court came to the view that it did not, there was no victim as the girl was fictitious, although that is not to say the offence was not serious. The extended sentence was quashed and substituted with a sentence of 20 months’ imprisonment.