The sentence in court of a man caught in a police child sex sting was not 'unduly lenient', appeal court judges have ruled
Solicitor General, Michael Tomlinson, failed to convince the judges that Liam Diver, who admitted trying to arrange a child sex offence, was punished incorrectly after he was handed a community sentence.
The appeal judges on Wednesday dismissed Mr Tomlinson's challenge and refused to alter the community order given to Diver, 34, from Wythenshawe.
Lady Justice Macur, Lord Justice Males and Mr Justice Goose concluded that the sentence might be 'lenient' but was not 'unduly lenient', after considering arguments at a Court of Appeal hearing in London.
Diver had been sentenced by a part-time judge at Manchester Crown Court in January after being caught in a police sting operation, appeal judges heard. He had thought he was in online contact with a 13-year-girl but was in fact exchanging messages with an undercover police officer.
Appeal judges heard how he had been arrested after arranging a meeting with the “girl” where sexual activity was planned. Lord Justice Males said the sentencing judge had made a decision which was “open” to him.
He added: “While it may be regarded as lenient, we conclude it was not unduly lenient.”
Appeal judges heard that Diver, who admitted attempting to arrange the commission of a child sex offence, had no previous convictions and was “remorseful”. Lord Justice Males said evidence showed that, “exceptionally”, Diver had “particularly good prospects of rehabilitation”.
Barrister Julia Faure Walker, who represented Mr Tomlinson, had said the community order was “unduly lenient” and that a jail term should have been imposed.
Appeal judges heard that Diver had been in online contact with the “girl” while caring for a 10-month-old baby. They heard that Diver had given up work to care for the child when his fiancee became unwell.
Lord Justice Males said the presence of the baby was an “unsavoury feature” and one which had “little significance” in terms of sentencing.
Lawyers for Diver, who said Mr Tomlinson’s challenge should be dismissed, had argued that the baby would probably have been asleep when Diver was online and, in any event, unaware of what was happening.
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