Many people will have encountered people who sell streaming devices that allow them to access paywalled content, often for a one-off fee as low as £100. Given that a single month of SKY TV access can cost more than this, it is no wonder that the sale of such devices is a growth industry.
Few will be surprised to learn that the sale of such devices is a criminal offence (see s 296ZB of the Copyright, Designs and Patents Act 1988) punishable by a maximum of two years imprisonment.
In a recent case in the Court of Appeal, the defendant was a Deputy Headmaster of previous good character who ran a sideline in the sale of streaming devices. The court dismissed an appeal against a sentence of 12 months imprisonment and rejected the suggestion that the sentence ought to have been suspended:
‘We cannot fault the balance that the judge struck. He was entitled to conclude that this offending was so serious that overriding weight should be given to the imposition of immediate custody in order to achieve appropriate punishment. His judgment was neither wrong in principle nor unreasonable. Accordingly, the sentence was not manifestly excessive and the appeal must be dismissed.’
So, despite the current pressures on the prison estate, a defendant of previous impeccable character was unable to avoid an immediate custodial sentence. The court clearly endorsed a deterrent sentence in this case.
The relevant sentencing principles are:
We make sure that we stay up to date with changes in legislation and case law so that we give our clients the best possible advice. If you would like to discuss a criminal charge or investigation, please contact Tarsem Salhan at tsalhan@salhan.co.uk or on 0121 605 6000.