[2025] EWCA Crim 1371

The provisions of the Sexual Offences (Amendment) Act 1992 apply to these offences. Under those provisions, where a sexual offence has been committed against a person, no matter relating to that person shall during the person's lifetime be included in any publication if it is likely to lead members of the public to identify that person as the victim of the offence. This prohibition applies unless waived or lifted in accordance with section 3 of the Act. We will refer to the applicant by the letters MCK in order to avoid the risk of jigsaw identification.

This is a renewed application for leave to appeal against sentence following refusal by the single judge.

On 22 October 2024, in the Central Criminal Court, the applicant (then aged 58) was sentenced by His Honour Judge Lickley KC. The applicant had earlier pleaded guilty to three offences concerning the making of indecent images of children, contrary to section 1(1)(a) of the Protection of Children Act 1978, and one offence of possession of a prohibited image of a child, contrary to section 62(1) and 66(2) of the Coroners and Justice Act 2009 ("the images offences"). He was sentenced to eight months' imprisonment in relation to the most serious of these offences, relating to Category A images, and lower sentences of imprisonment, imposed concurrently, in respect of these other three offences.

The applicant had also been convicted following a trial of ten offences in relation to the first complainant, to whom we will refer as "C1", and two offences in relation to the second complaint, to whom we will refer as "C2". All sentences were imposed to run concurrently with each other. The offences in relation to C1 were Rape of a Child under 13, contrary to section 5(1) of the Sexual Offences Act 2003 (counts 1 and 2); Attempted Rape of a Child under 13 (count 3); Sexual Assault of a Child under 13, contrary to section 7 of the 2003 Act (counts 4, 5, 8, 9 and 10); and Assault of a Child under 13 by penetration, contrary to section 6(1) of the 2003 Act (counts 6 and 7). The judge imposed sentences of 11 years' imprisonment on count 1; an extended determinate sentence of 26 years on count 2, comprising a custodial term of 21 years and an extended licence period of five years; eight years' imprisonment on count 3; three years' imprisonment on each of counts 4, 5, 8 and 9; seven years' imprisonment on counts 6 and 7; and 12 months' imprisonment on count 10.

In relation to C2, the applicant was convicted of three offences of Sexual Assault of a Child under 13. Concurrent terms of three years' imprisonment were imposed on each count.

The applicant has been represented before us by Mr T Montgomery, who also appeared below. We are grateful to him for his assistance.