CRIMINAL DIVISION
ON APPEAL FROM THE CROWN COURT AT LEEDS
HHJ PHILLIPS KC CP No: 13LD0252524
Strand London WC2A 2LL |
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B e f o r e :
MR JUSTICE HILLIARD
MR JUSTICE CONSTABLE
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REX | ||
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DAMIAN PAYNE |
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Lower Ground Floor, 46 Chancery Lane, London, WC2A 1JE
Tel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk
(Official Shorthand Writers to the Court)
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Crown Copyright ©
The facts
The pre-sentence report
The sentence
"In cases of attempts where an offender tries to communicate with a child victim who does not exist, the court should identify the category of harm on the basis of the sexual activity the offender intended, and then apply a downward adjustment at step two to reflect the fact that no or lesser harm has actually resulted. In such cases only a very small reduction within the category range will usually be appropriate. No additional reduction should be made for the fact that the offending is an attempt."
The appeal