Sentence stands for Manchester man caught in child sex sting

Three Court of Appeal judges concluded the sentence might be "lenient" but was not "unduly lenient"

A community sentence handed to a man who admitted trying to arrange a child sex offence was not unduly lenient sentence, appeal judged have ruled.

Judges in London dismissed solicitor general Michael Tomlinson's challenge over the sentence given to Liam Diver, 34, of Wythenshawe, Manchester.

He was sentenced by a part-time judge in Manchester in January, after being caught in a police sting operation.

Three judges said the sentence might be "lenient" but was not "unduly lenient".

Lady Justice Macur, Lord Justice Males and Mr Justice Goose had considered arguments at a Court of Appeal hearing.

Diver had thought he was in online contact with a 13-year-girl but was in fact exchanging messages with an undercover police officer, the court heard.

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.

'Prospects of rehabilitation'

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 Diver had been in online contact with the "girl" while caring for a 10-month-old baby.

They heard 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.