Robin Warnes [2019] EWCA Crim 1563

The appellant pleaded guilty on the day of trial to 5 counts of making indecent photos of a child. He was sentenced to 16months’ imprisonment. Until that point, he had maintained his not guilty pleas and experts attended court to give evidence.

The appellant was 67 years old and of previous good character. In advancing his appeal, he did not contest the length of the sentence, just that it should have been suspended. Counsel drew attention to personal mitigation almost all of which was before the judge and expressly taken into account.

Held: the sentencing judge had the guideline well in mind. He balanced the effect of a custodial sentence on other members of the appellant’s family against the aggravating features that indicated an immediate term was required.

The Court independently reviewed the criteria and guidance and positively endorsed the judge’s decision. The balance fell clearly in favour of the view that the appropriate punishment could only be achieved by immediate custody.