Jersey Unreported Judgments

[2008]JRC056

ROYAL COURT

(Samedi Division)

4^th April 2008

The Attorney General

-v-

Steven Edward Facchino

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to:

First Indictment

Second Indictment

Age:  22.

Plea: Guilty.

Details of Offence:

Facchino admitted possessing on his computer one image of an 8 year old girl in ropes, 5 - 6 images of boys having sex and 3 - 4,000 images of naked boys aged 10 -18 years.  However, when his computer was analysed none of the images were found due to a damaged hard drive.  In order to allow for the uncertainty over the ages of the children in the photographs the Crown agreed to sentence on the basis that the defendant possessed:

1 category      5 image.

1 category      2 image.

A small number of category 1 images.

During analysis of the computer it was discovered that the defendant had posted an obscene story on the internet which he had either created or substantially edited.  The story involved the sodomy of 13 year old boys by an adult and was graphic in its description.

Details of Mitigation:

Guilty pleas.  The defendant had admitted possession of the indecent photographs and without that admission no prosecution would have been possible.  The photographs were not shared or distributed.  Relative youth.  Previous good character.

Previous Convictions:

None.

Conclusions:

First Indictment

Second Indictment

Total: 6 months' imprisonment, suspended for 12 months.

Forfeiture and destruction of the computers is sought.

The defendant had served the equivalent of a sentence of 8 months 2 days on remand pending various offences of indecency which were later abandoned.  Whilst the possession of indecent photographs charge could have been charged at the same time as those indecency charges, it was not.  The time on remand did not therefore relate to that charge.  Whilst a custodial sentence was considered appropriate for this offending the Crown sought the suspension of that sentence in acknowledgement of the time spent on remand.

A custodial sentence of 6 months suspended for 12 months on both counts concurrent was sought.                                                                                                           

Sentence and Observations of Court:

Conclusions granted.

Forfeiture and destruction of the two computers ordered.

S. E. Fitz, Crown Advocate.

Advocate E. J. Le Guillou for the Defendant.

JUDGMENT

THE commissioner:

1.        The six charges brought against Facchino were dropped by the Crown and for these offences Facchino was remanded in custody for the equivalent of a sentence of 8 months and 2 days.

2.        He has no previous offences and it was said in R v Oliver [2002] EWCA Crim 2766, some, but not much weight, should be attached to good character.  He has written his own indictment.  The police apparently damaged the computer's hard drive and nothing was recovered, apparently, apart from a part of a pornographic story.

3.        We have carefully read his letter to the Court.  It is extremely disturbing but it ends with these words, "On the advice of my parents I am considering getting help from a specialist".  That has been repeated today in Court by Advocate Le Guillou.  That help is needed, but we are going to follow the conclusions of the Crown.

4.        We are going to sentence you to 6 months' custodial sentence, suspended on both counts concurrent, that is suspended for 12 months.  I have to tell you that if you commit an offence during the 12 months you will without doubt go back to prison

5.        We wish to explain the repugnance that society has of this type of offence and, of course, we wish to add that the downloading of these images encourages people who make such images to continue to make them. 

6.        We order the forfeiture and destruction of the computers.

Authorities

R v Oliver [2002] EWCA Crim 2766.