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Indecent Images Of Children

R .v. M
WINCHESTER CROWN COURT


The Defendant was charged with 10 Counts:

  1. Made indecent photographs of a child, level 1, Contrary to section 1(1)(a) and 6 of the Protection of Children Act 1978.
  2. Made indecent photographs of a child, level 2, Contrary to section 1(1)(a) and 6 of the Protection of Children Act 1978.
  3. Made indecent photographs of a child, level 3, Contrary to section 1(1)(a) and 6 of the Protection of Children Act 1978.
  4. Made indecent photographs of a child, level 4, Contrary to section 1(1)(a) and 6 of the Protection of Children Act 1978.
  5. Made indecent photographs of a child, level 5, Contrary to section 1(1)(a) and 6 of the Protection of Children Act 1978
  6. Had in possession 637 indecent photographs of children, Contrary to section 160(1), (2A) and (3) of the Criminal Justice Act 1988.
  7. Made indecent photographs of a child, a level 5 image of the child, Contrary to sections 1(1)(a) and 6 of the Protection of Children Act 1978.
  8. Made indecent photographs of a child, a level 4 image of a child., Contrary to sections 1(1)(a) and 6 of the Protection of Children Act 1978.
  9. Made indecent photographs of a child, namely a level 5 image of a child, contrary to sections 1(1)(a) and 6 of the Protection of Children Act 1978.
  10. Had in possession 103 indecent photographs of children, Contrary to section 160(1), (2A) and(3) of the Criminal Justice Act 1988.

The Defendant pleaded Guilty to all offences.

SUMMARY:
Level 1 275 images
Level 2 46 images
Level 3 214 images
Level 4 Penetrative sexual activity involving a child or children or both children and adults 223 images
Level 5 Sadism or penetration of, or by, an animal.

Level 1      16 movies
Level 2      17 movies
Level 3      13 movies
Level 4      57 movies
Level 5        3 movies


All of the images are of children aged 6 months to 14 years of age. Total 770 Images

THE SENTENCING GUIDELINES FOR THE ABOVE OFFENCES:
26 weeks – 18 MONTHS  Custody

WE WERE INSTRUCTED AND PROVIDED LENGHY MITIGATING SUBMISSIONS BEFORE THE COURT.

SENTENCE: 
LEVELS 1 / 2 and 3 : Concurrent 2 months custodial sentence.
LEVELS 4 and 5: Concurrent 6 months custodial sentence.
TOTAL : 6 MONTHS CUSTODIAL SUSPENDED FOR 2 YEARS
SUPERVISION REQUIREMENT: 24 MONTHS
REQUIREMENT TO ENGAGE IN SEX OFFENDER TREATMENTS
SEX OFFENDERS PREVENTION ORDER – 10 YEARS
£100 VICTIM SURCHARGE.

REPORTED IN:
Hampshire Chronicle
The Daily Echo
News UK 24

R  .v. L
SNARESBROOK CROWN COURT

The Defendant was charged with 2 offences:

(1) Had in his possession an indecent photograph, namely the indecent photograph of a child recovered from the hard drive of a computer, contrary to Section 160(1), (2A) and(3) of the Criminal Justice Act 1988.

(2) In possession of 11 prohibited images of a child which were recovered from the hard drive of a computer, contrary to Sections 62(1) and 66(2) of the Coroners and Justice Act 2009.

The Defendant pleaded Guilty to both offences at the Crown Court on an earlier date, and Penman Sedwick made submissions that a Report be provided, which the Learned Judge then ordered.

At Sentence, Penman Sedgwick mitigated on behalf of the Defendant.

SENTENCE:
10 weeks custody for each offence to be concurrent, SUSPENDED for 24 months.
To undergo Supervision for a period of 24 months
To take part in specified activity for up to 60 days.
Registered under SOPA for a period of 7 years

No Order for costs
Victim Surcharge of £50.00
Full credit given for Guilty Plea.

R .v. H
ST ALBANS CROWN COURT

The Defendant was charged with the following offences: 

  1. Making an indecent photograph, namely a Level 5 movie of a child contrary to Sections 1 (1) (A) and 6 of the Protection of Children Act 1978. 
  2. Making an indecent photograph, namely a Level 4 movie, of a child contrary to Sections 1 (1) (A) and 6 of the Protection of Children Act 1978. 
  3. Making an indecent photograph, namely a Level 3 movie of a child, contrary to Sections 1 (1) (A) and 6 of the Protection of Children Act 1978.
  4. Making an indecent photograph, namely a Level 2 movie of a child, contrary to Sections 1 (1) (A) and 6 of the Protection of Children Act 1978.
  5. Making an indecent photograph, namely a Level 1 movie of a child, contrary to Sections 1 (1) (A) and 6 of the Protection of Children Act 1978.
  6. Made indecent photographs, namely 77 movies (1 x Level 5; 24 x Level 4; 5 x Level 2; 32 x Level 1), contrary to Sections 1 (1) (A) and 6 of the Protection of Children Act 1978. 
  7. Made an indecent photograph, namely a Level 4 image, of a child, contrary to Sections 1 (1) (A) and 6 of the Protection of Children Act 1978. 
  8. Made an indecent photograph, namely a Level 3 image, of a child, contrary to Sections 1 (1) (A) of the Protection of Children Act 1978. 
  9. Made an indecent photograph, namely a Level 2 image, of a child, contrary to Sections 1 (1) (A) of the Protection of Children Act 1978. 
  10. Made an indecent photograph, namely a Level 1 image, of a child, contrary to Sections 1 (1) (A) of the Protection of Children Act 1978.  
  11. Made indecent photographs, namely, 12,066 images (26 x Level 4; 2 x level 3; 4 x Level 2; and 12,034 x Level 1 ) of a child, contrary to Sections 1 (1) (A) and 6 of the Protection of Children Act 1978. 

SENTENCING:
The custody threshold is passed, when the offender is in possession of a large amount of material at level 2, or a small amount at Level 3

REPRESENTATION FOR DEFENCE:
Penman Sedgwick represented throughout, and mitigated for the Defendant at the Crown Court. 

SENTENCE:
3 YEARS Community Service Order under supervision with the Sex Offenders Programme for a period of 5 years. A Sexual Offences Prevention Order imposed. £250.00 prosecution costs contribution. 

REPORTED IN:
The Hertfordshire Mercury 16.08.13 Hertfordshire Constabulary News Bulletin : 19.08.13

R .v. E

ST.ALBANS CROWN COURT

FACTS 
The Defendant called the police himself after reviewing a sexual chat with a 14 year old girl, after a banner appeared that he would be reported to the Police for visiting the site and embarking on a conversation with a minor. The site was called Chat Roulette. 

Having confessed to his wife, he notified the police, who arrested him, and on police examination found child sex abuse images on the computer. 

The Defendant was charged with 5 counts of making indecent images of children, and one of possessing indecent images. 

Police found 148 images, 

  • 90 were at level 1, 
  • 6 at Level 2, 
  • 22 at Level 3,
  • 23 at Level 4,  
  • 7 at Level 5.
LEVEL 5 BEING THE MOST SERIOUS LEVEL 

The defendant pleaded Guilty. 

MITIGATION

Penman Sedgwick made submissions to the Court. 

SENTENCE
3 Year Community Order with a condition to attend a Sex Offender Group Programme, registration as a Sex offender for 5 years, and subject to a Sex offender order. 

SENTENCING THRESHOLDS
The custody threshold is normally passed where there is a large amount of material at level 2, or a minimal amount of material at level 3 or above levels. Normally a period of up to 6 months imprisonment would be the period in custody, but would increase to a period of 12 months, when there is a larger amount of images at level 2 or 3, or small number of images at levels 4 or 5. 

THE CASE WAS REPORTED IN HEMEL TODAY / The Gazette.

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Criminal Defence

Practice Area - Criminal

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