Yasir Jibran [2019] EWCA Crim 1007

The appellant pleaded guilty on the first day of trial to attempting to meet a child following sexual grooming and was sentenced to 21 months’ imprisonment.

The appellant had been in contact with a fake profile of a 15 year old boy on Grindr set up by a vigilante group.

When he arranged to meet the boy with his co-accused they were met by representatives of the group and detained pending the arrival of the police.

In mitigation the appellant said that as a Muslim he found it difficult to come out as gay and had connected with his co-accused online. He thought there was the possibility of a long-term relationship with him and he went along with his suggestions to appear he was colluding with him rather than being sexually attracted to children.

The grounds for appeal were twofold, the starting point was too high, and the sentence should have been suspended.

Held: the key point is that the appellant and his co-accused were intent on penetrative sex with the putative underage boy, this was a significant feature going to culpability. The sentence was explained with clarity and succinctness in the judge’s sentencing remarks and cannot be improved upon. The seriousness of the offence, the fact it was committed with another adult and the maturity of the 35 year old appellant militates against suspension of the sentence. The appeal was dismissed.