R v C Inciting a child to engage in sexual activity, attempting to arrange the commission of a child sex and sexual communication with a child at Northampton Crown Court – 2023

The client lied to the complainant about his age and the messaging was said to be aggressive and violent, peppered with requests for indecent images and requests to meet to fulfil depraved activities including for her to “gag on his penis, rape her, cover her in bruises and cuts, urinate on her, strangle her and carve words on her body with a knife including the word ‘whore’”. Videos and images were also exchanged between the parties and preparations were said to have been made for a physical meeting. The client had made full admissions in interview and would enter guilty pleas.

The Prosecution submitted the offending behaviour amounted to a category 1A offence with a starting point at sentence of 5 years custody with a range of 4-10 years imprisonment.

Andy instructed a psychiatrist to examine his clients who he found to have significant traits of autism spectrum disorder (ASD) and mental health difficulties. Other significant mitigation was also utilised.

Despite the fact that the totality of the offending passed the custody threshold the Court were persuaded that the sentence should in this unusual case be exceptionally suspended and a suspended sentence was passed of 24 months imprisonment suspended for 24 months.

Neelam Gomersall of 2 Hare Court Chambers was instructed Counsel.