Jersey Unreported Judgments

Inferior Number Sentencing - indecent photographs.

[2015]JRC225

Royal Court

(Samedi)

10 November 2015

Before     :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Ramsden and Morgan

The Attorney General

-v-

Daniel John McLoughlin

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

2 counts of:

Making indecent photographs of children, contrary to Article 2(1)(a) of the Protection of Children (Jersey) Law 1994.

Age:  24.

Plea: Guilty.

Details of Offence:

A search warrant was executed at the defendant's old address where he no longer lived.  The defendant was subsequently arrested at his work place.  When officers explained that his current home address would also be searched, the defendant immediately made admissions that "it was on his computer" and that his life was ruined. 

In interview the defendant admitted to downloading indecent images since his early to mid-teens.  He explained that he had used peer to peer software and had searched terms that were associated with indecent images of children.  He also told officers that he would remove explicit descriptive titles of the images (as he did not like seeing them) when he categorised and sorted the downloads into folders. 

A forensic examination revealed a total of 161 indecent images on an ACER computer and Seagate external hard drive.  The images found were categorised as follows:-

On the ACER computer:-

Category	Still images	Movies	Totals
1	2	13	15
2	0	15	15
3	1	0	1
4	0	57	57
5	0	1	1

On a Seagate external hard drive:-

Category	Still images	Movies	Totals
1	7	3	10
2	0	12	12
3	1	1	2
4	0	45	45
5	0	3	3

 

The defendant was re-interviewed following the forensic examination.  He confirmed that what had been found was what he was expecting.

Details of Mitigation:

Guilty plea and co-operative throughout.  The defendant had taken a positive approach to his offending, and had the benefit of good character. 

Previous Convictions:

None.

Conclusions:

Count 1:	15 months' imprisonment.
Count 2:	15 months' imprisonment, concurrent.

Total: 15 months' imprisonment.

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 conviction (25^th September, 2015) sought. 

Restraining Order sought to commence from the date of sentence 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 any 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; and

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

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

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

Forfeiture and destruction sought of the Acer desktop computer and Seagate external hard drive.  

Sentence and Observations of Court:

Count 1:	12 months' imprisonment.
Count 2:	12 months' imprisonment, concurrent.

Total: 12 months' imprisonment.

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 conviction (25^th September, 2015) made. 

Restraining Order made to commence from the date of sentence 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 any 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; and

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

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

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

Forfeiture and destruction ordered of the Acer desktop computer and Seagate external hard drive. 

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

Advocate G. D. Emmanuel for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are here to be sentenced today in respect of two counts of making indecent images of children under 16 by downloading them and viewing them on the internet.  There were some 161 images, both moving and still, and of those 106 were at levels 4 and 5 on the Copine scale.  We accordingly agree with the Crown that this equates to category 4 in the case of AG-v-Godson and Crowley [2013] (2) JLR 1 and therefore an initial figure of 3 years to guide the Court's consideration. 

2.        There are a fairly large number of images but we do not propose to treat this number as aggravating the starting point.  We give full weight to the mitigation available to you including your guilty plea, your full cooperation, your lack of previous convictions, and the fact that there is no evidence to suggest that you have distributed these images any further.  Also you are starting to show some empathy for the children involved and you appear to be motivated to address this offending.  We have considered very carefully indeed the contents of the social enquiry report and the psychiatric report available to us and we have read with care the letters received and you own letter to us, and all of this has persuaded us that you genuinely feel remorseful and wish to change.  A lot of people appear very genuinely to support you. 

3.        These are not victimless crimes; real children suffer the appalling abuse that is recorded in some of these images and the Court can only avoid a custodial sentence in exceptional circumstances and we must tell you that we do not find exceptional circumstances in this case. 

4.        We deal first with the two preliminary matters.  Firstly, on entering guilty pleas you became subject to the notification requirements under the Sexual Offenders (Jersey) Law 2010 and we agree that a period of 5 years from 25^th September, 2015, should pass before which you may seek to have the notification requirements disapplied.  We also make the restrictive order sought by the Crown, I will not read it out, it has been read out by the Crown to you and you are aware of the terms and that shall run for 5 years from today's date. 

5.        We turn now to the sentence of the Court.  We feel that we can make more allowance for the mitigating factors available in your case than the Crown has felt able to do in its conclusions and the sentence of the Court is as follows: - in respect of each count you are sentenced to 12 months' imprisonment, concurrent, making a total of 12 months' imprisonment. 

6.        The Court hopes that you will take full advantage of any help that can be given to you whilst you serve your sentence. 

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

Authorities

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

Sexual Offenders (Jersey) Law 2010.

Attorney General v Brown [2015] JRC 062.

Attorney General v Langlands [2013] JRC 106.

Attorney General v R [2015] JRC 023.

Attorney General v Beaugeard [2013] JRC 255.