202403033 B4 - [2025] EWCA Crim 1359

It is necessary to identify in some detail what can be seen on the Video. C2 can be seen apparently asleep on her right side. Her face is clearly visible; her top half is naked; the rest of her body is obscured by a duvet. She is snoring lightly and wearing a blue ribbon and a buckled-up collar around her neck. With one hand the appellant is holding the mobile phone close to C2’s face and body. The light on the mobile phone is on and the appellant is using the phone’s camera to film her. The camera pans to the right to show C2’s face clearly (00:07). The camera then points down and zooms in to film C2’s left breast which is now filling over half the screen (00:17). The appellant’s free hand comes into view and squeezes her breast (00:22). His forefinger applies pressure to her nipple (00:25). The camera pulls away to reveal C2’s right hand resting on his erect penis (00:32). Again, his free hand touches her left breast (00:42) and he pulls his forefinger across her nipple. At this point (00:45) some classical music (Shostakovich: Jazz Suite No 2, Waltz II). This appears to distract the appellant. He lowers the phone (00:49) which can be heard scraping against the fabric of the bedding, consistent with him trying to turn down the music, which he succeeds in doing (01:02). Having waited a couple of seconds, the appellant then resumes fondling C2’s breast (01:11). C2 stirs slightly and he moves his hand away (01:17). The clip ends with another shot of C2’s hand upon his erect penis (01:27). A lit up TV screen/monitor can be seen fleetingly at the appellant’s feet as the clip ends. This would appear to be the source of the music.