R v Mohammed Nazim Hussain

Facts

The appellant, now 24, sent unsolicited WhatsApp messages to a 14-year-old girl. On 22 January 2024 the complainant's father confiscated her mobile phone after a family member raised concerns about videos she was posting on TikTok that could be seen as sexual dancing. On 7 February 2024, before returning the phone, the father looked through it and found messages received while it had been confiscated, which his daughter had therefore never seen. The messages were from the appellant: one described a purported sex tape with his sister involving cocaine and pills, and said that the complainant's picture was in the background; two short videos of a male masturbating followed. The number was traced to the appellant, who was arrested on 5 March 2024, items at his address matching those visible in the background of the videos. He pleaded guilty at the first opportunity to attempting to cause a child aged 13 to 15 to watch an image of sexual activity, contrary to section 1(1) of the Criminal Attempts Act 1981 (count 5), and to attempted sexual communication with the same child (count 4). On 4 September 2025 HHJ Justin Cole in the Crown Court at Southwark passed an extended sentence on count 5 of 5 years 4 months' custody with an extended licence of 4 years 8 months, and 12 months concurrent on count 4. He appealed with the leave of the Single Judge.