Jersey Unreported Judgments

Inferior Number Sentencing - making indecent photographs of children.

[2015]JRC121

Royal Court

(Samedi)

3 June 2015

The Attorney General

-v-

Michael Anthony Quinn

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charge:

Age:  24.

Plea: Guilty.

Details of Offence:

As a result of information received a search warrant was executed at the defendant's address.  The defendant made admissions to officers whilst outside to being in possession of indecent images and identified the relevant laptop to officers.  He was arrested and interviewed that same day.  Several indecent files were found to be in the process of downloading.  In interview he denied knowing how the images had appeared on his laptop. 

Following a forensic examination, only a Samsung laptop was found to contain indecent images.  The images found were categorised as follows:-

All the images contained explicit descriptive titles indicative of their content.  In addition search relevant to child pornography were found to have been entered on the computer. 

In light of the examination the defendant was interviewed again and eventually admitted to searching the terms.  He told officers that he had been extremely drunk at the time.  He recalled that he could not remember the images let alone searching for them.  He explained to officers it was out of curiosity and the 'shock factor' rather than having a sexual interest in children. 

Details of Mitigation:

Guilty plea at the earliest opportunity, no relevant previous convictions and the court noted it accepted the defendant's real distress and shame. 

Previous Convictions:

No relevant previous convictions however a previous of grave and criminal assault and refusing to obey an officer. 

Conclusions:

Order under Article 5(1) of the Sex Offenders (Jersey) Law 2010 that a period of 5 years elapse before the accused is permitted to apply to no longer be subject to the notification requirements to commence from the date of sentencing sought. 

Restraining Order sought to commence from the date of sentencing for a period of 5 years under Article 10(4) with the following conditions:-

i)       That the defendant produce to a police officer forthwith on request for examination, at any time, any computer or device which may access the internet, or any device which can store images electronically, which belongs to him or is in his possession, it being noted that such a request may be made anywhere, including by the police attending at the defendant's place of residence.

ii)      That the defendant is prohibited from owning or having in his possession or having access to any device of accessing the internet unless:-

         a) It has the capacity to retain and display the history of internet use.

         b) The defendant ensures that such history is not deleted.

Forfeiture and destruction of Samsung laptop sought. 

Sentence and Observations of Court:

The court noted they had found the defendant's case an extremely difficult one but that it could not depart from a prison sentence. 

Conclusions granted.

C. M. M. Yates, Esq., Crown Advocate.

Advocate C. M. Fogarty for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You have pleaded guilty to one charge of making indecent photographs of children, contrary to Article 2(1)(a) of the Protection of Children (Jersey) Law 1994.  Those indecent images comprise some 30 still images and 4 moving images of children under the age of 16.  The large majority of these still images are within category 1 of the Copine scale as are 2 of the moving images.  There are, however, 4 still images under category 3 and 2 moving images under category 4 of the Copine scale which are, of course, the most serious of the images. 

2.        We have had regard to the authority of AG v Godson and Crowley [2013] (2) JLR 1 and, as 2 of the indecent images and 2 of the moving images are at category 4, your offending falls within category 4 of the guidelines referred to in that case and this gives an initial figure or point of departure for the Court's consideration of a sentence of 3 years' imprisonment.  The absence of aggravating features referred to by the Crown, and indeed by your counsel, moves the Court in the direction of a starting point of 2 years' imprisonment.  

3.        As the Court has said on a number of occasions, downloading indecent images of children is not a victimless crime, particularly when the images are at levels 4 or 5 on the Copine scale.  It is inevitably the case that real children have been subjected to the sexual practices which are shown in the films or pictures with all of the suffering and damaging consequences which flow from that.  People who download material of this nature provide a market for the people who make films and images and therefore they indirectly contribute to the suffering of the children involved.  It is for that reason that the Court has said repeatedly that save in exceptional circumstances, a prison sentence will be imposed in such cases. 

4.        We have read and considered with the greatest care the social enquiry report and your psychiatric assessments.  We have, of course, also listened most carefully to everything that your counsel has said on your behalf and read your letter and the other letters provided.  You have pleaded guilty and you are entitled to credit for that and we accept your very real distress and your sense of shame in finding yourself in these circumstances.  However, we note that it was clear from the title of the material downloaded what the content would have been and the search terms that you have used were inevitably going to produce images of this nature.  We acknowledge the part that alcohol may have played in your offending but that cannot be a mitigating factor or offer any excuse. 

5.        We order that you will be subject to the notification requirements and agree with the Crown that it should be 5 years from today before you can apply to come off them.  We also make the restraining orders asked for by the Crown again for a period of 5 years. 

6.        The Court has found this case an extraordinarily difficult one but, taking all of the factors into account, the Court has found no sufficient bases to depart from its' clearly stated policy and the sentence of the Court is that you will go to prison for 12 months. 

7.        We also order the forfeiture and destruction of the computer. 

8.        In sentencing you as we have done, we have noted the mental health issues that are identified in the psychiatric report and we urge you to take full advantage of the help that you will receive whilst in prison. 

Authorities

Protection of Children (Jersey) Law 1994.

AG v Godson and Crowley [2013] (2) JLR 1.

AG v Brown [2015] JRC 062.

AG v Cardy [2011] JRC 096.