Doherty v HM Advocate

Sentencing – Child pornography – Extended sentence. High Court of Justiciary: Refusing an appeal by an appellant who pled guilty to charges of possessing and distributing indecent images of children and on whom the sheriff imposed a sentence of 12 months' imprisonment on the possession charge and an extended sentence of 37 months on the distribution charge, the court rejected a contention that an extended sentence was not appropriate as distribution of images fell outwith the category where a finding of risk of serious harm to the public could be made; given the risk assessment and material in the Criminal Justice Social Work Reports suggesting an intensifying pattern of offending by the appellant the sheriff was entitled to reach the conclusion that he did; there was a sufficiently established connection between the appellant's offending and the risk to the public.

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