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ON APPEAL FROM
THE CROWN COURT AT CROYDON
Her Honour Judge Lowe
01MP1287023(M)
Strand, London, WC2A 2LL |
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B e f o r e :
MRS JUSTICE EADY
and
MR JUSTICE CAVANAGH
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REX |
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- and - |
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KEITH EDUN |
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REFERENCE BY THE ATTORNEY GENERAL UNDER S.36 OF THE CRIMINAL JUSTICE ACT 1988 |
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Mr S Animashaun appeared on behalf of the Offender
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Crown Copyright ©
Lord Justice Stuart-Smith:
The facts
Arrest and proceedings
The proceedings
The sentencing hearing
The sentencing remarks
"My task, as you know, is to make a reference to that Sentencing Guideline but also to adjust depending on the factual circumstances of the case that I am dealing with; in other words, I need to reflect the fact that you were not, in fact, the rapist. You should appreciate though, that whilst you were not the rapist on this occasion but the encourager, it is the criminal conduct that you encouraged which is at the core of the sentencing exercise that I undertake. And in making the adjustments, I will make allowances for the fact that you did not physically commit the act of rape, and that the encouragement that you gave was incapsulated in not a single comment that your counsel has submitted, but several Kik messages. They were fairly direct messages though, and of course I understand that distinction is a matter of law between a conspiracy to rape, or acting as a secondary party to an allegation of rape, as opposed to an act which falls to be considered as a Section 44 Serious Crime Act offence. But I can tell you now that, on any view of this offending, it seems to me that you were not very far away from being as a matter of law, a secondary party to the rape; you are a co-conspirator of X."
Applicable principles
The Attorney General's submissions
The offender's submissions
Discussion and resolution
The conversation between the two was as follows:
X (16:38) | Hi |
I have a young daughter | |
Happy to show pics of you have something in return | |
Offender | Sorry not interested |
You lie | |
X | Nope not lying, can send a live pic of her to prove |
Offender | Ok |
Sorry have to protect my family | |
X | What do you want to see |
Offender | Ok get her to touch her nose with you standing next to her |
X | She's 2 weeks old she's in her crib next to me right now |
Offender | Ok you touch her nose in the crib |
X |
Sent: (File …3283.jpg): Image of a male pressing the tip of his finger against the nose of a young baby, wearing pink and cream coloured clothing who appears to be asleep. The male's penis can be seen, fully erect. |
Offender | Ok nice |
X | U like? |
Offender | Cute cock and baby |
X | Thanks |
Offender | Congrats |
First? | |
X | Yeh |
Offender | Does mother know what you are into |
X | No |
Offender | Fair enough |
X | She's downstairs asleep |
Offender | Have you pressed cock against her yet |
X | Yeah |
Offender | Mouth? |
X | Yeh, and little pussy and arse |
Offender | Would you do it now, interesting to see size difference |
X | Hang on x |
Offender | Ok [Face and heart 'emoji'] |
X (17:00) |
Sent: (File: 5d77.mp4) 15 second video showing a young baby wearing pink and cream clothing who appears to be sleeping. An adult's erect penis with a hand below the tip can be seen. The camera zooms into the side of the baby's face. The adult's penis is pushed into the baby's face next to their nose / eye, and then pushed hard onto the baby's mouth. The foreskin of the penis has been pulled back. The male's hand pushes the foreskin to the top of the penis, masturbating whilst rubbing the tip of the penis into the mouth of the child. The penis is used to push the baby's top lip back and bottom lip down. The baby's face scrunches up, and the baby turns away from the male's penis. The penis continues to be masturbated and is then placed on the face / mouth of the baby. |
Offender | Nice |
So cute | |
Bet she has a beautiful pussy | |
You are lucky she's a real cutie | |
Have you cum on her yet? | |
Take your time if you can't chat now I can wait, just let me know when it ok |
|
X | I haven't cum on her yet, her mum hasn't left the house yet, I'll get more adventurous when I get more time with her |
Can I see u | |
Offender | I get that |
Sent: File (…7f14) | |
Sorry if I'm not your type | |
Thanks for sharing anyway | |
X | Live pic |
So I can see the real u, I don't mind if it's not face | |
Cock, pussy, face I don't mind | |
Offender | I can send naughty vids if you like |
Sent: File (…32cf.mp4) Category A Video [Count 5] 14 second video. An adult female exposes the vagina of a baby who is approximately 6 months' old, and then uses her thumb to rub the baby's vagina. The adult female then licks the baby's vagina. |
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Offender | Let me know if you want more |
X | Hmm that's hot |
I'd love to see a quick live pic tho, just so I get an idea of who I'm sharing with |
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Offender | Sent: File (…f81a.mp4) |
Sent: File (…3477) Category A Video [Count 5] 42 second video. An adult female licks the genitals or anus of a baby who is approximately 8 to 10 months' old. The baby appears to be upset. |
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I have more if you like | |
Offender (18:06) | Hope you like |
Offender (18:45) | Ok maybe I haven't got what you want |
Offender (20:50) | Busy? |
Offender (23:46) | Gone? |