Jersey Unreported Judgments

Inferior Number Sentencing - making indecent photographs - distribution of indecent photographs.

[2016]JRC125

Royal Court

(Samedi)

19 July 2016

Before     :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Olsen and Ronge

The Attorney General

-v-

Timothy John Luce

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

3 counts of:	Making indecent photographs of children, contrary to Article 2(1)(a) of the Protection of Children (Jersey) Law (Counts 1, 2 and 3).
1 count of:	Distribution of indecent photographs, contrary to Article 2(1)(c) of the Protection of Children (Jersey) Law (Count 4).

Age:  42.

Plea: Guilty.

Details of Offence:

Over a five year period between 2011 and 2016 the defendant downloaded a total of 1,760 indecent images of children (over 400 in levels 4 and 5) as follows:-

Count 1: 37 indecent images to a Sony Viao laptop.  4 images fell into Copine categories 4 and 5. 

Count 2: 1,650 indecent images and 29 indecent movies to an Apple Mac laptop.  388 images and 10 movies fell into Copine categories 4 and 5. 

Count 3: 44 indecent images to an Apply iPhone 6S. 

The forensic report identified that the defendant had been using messaging software called KiK to receive the majority of the images.  The software also showed that the defendant had shared, distributed and discussed child pornography via this medium with other like-minded individuals.  The report showed that the defendant shared nine images at level 1, two at level 2 and one at level 3 with unidentified people in the UK (Count 4). 

The defendant was arrested after the mother of a 13 year old girl (who was a friend of his partner's youngest daughter) contacted school staff to say that she was concerned that her daughter was receiving inappropriate Facebook messages from the defendant.  Police spoke to the defendant who gave consent for his Sony Viao laptop to be seized and examined.  After ten Level 1 and 2 indecent images of children were found on the laptop the defendant was arrested and interviewed.  The defendant initially replied no comment but categorically stated that he did not visit paedophile websites and that he knew what he was doing was wrong.  Following analysis of further electronic devices the defendant was interviewed a second time, he admitted downloading indecent images of children, stating that his main interest was in 12-13 year old girls, and admitted distributing indecent images of children. 

Throughout the period he had been a member of the Honorary Police. 

Details of Mitigation:

Guilty plea, expressed remorse, of previous good character and was candid in preparation of the Social Enquiry Report. 

Previous Convictions:

None. 

Conclusions:

Count 1:	3 years' imprisonment
Count 2:	3 years' imprisonment, concurrent.
Count 3:	3 years' imprisonment, concurrent.
Count 4:	18 months' imprisonment, concurrent.

Total: 3 years' imprisonment. 

Order sought 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. 

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.

iii)      That the defendant be prohibited from acquiring or using any computer software which is designed to destroy, delete or disguise internet activity on a device which may access the internet, or any computer software which is designed to encrypt data held on such device for any encryption which may be demonstrated to be for a legitimate purpose by the provision of ay password or access code to a Police Officer.

iv)      That the defendant be prohibited from being alone with any female under the age of 16 years, save for contact which in unavoidable or inadvertent.  The female will be considered to be alone if there is not a third person present who is over the age of 21 and who is aware of his conviction.

v)       That in circumstances where the defendant finds himself in contact with ay female, or finds himself alone with a female, under the age of 16, that he has a positive duty to remove himself from that situation as soon as reasonable possible.

vi)      That the defendant not to contact, directly or indirectly, any persons listed in Appendix A.

vii)     That the defendant be prohibited from communicating with ay female known or believed to be under the age of 16 via the internet or any other social media.

viii)    That the defendant may not undertake any employment or voluntary work which will, or may involve contact with females under the age of 16 without first informing the Police.

Ix      That the defendant must notify the Police of any new relationship where his partner has children under the age of 16 so that relevant safeguarding checks may be undertaken. 

Forfeiture and destruction of the photographs and the Sony Viao laptop computer, the Apple Mac lap computer and the iPhone sought. 

Sentence and Observations of Court:

Conclusions granted. 

R. C. P. Pedley, Esq, Crown Advocate.

Advocate N. D. E. Addis for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are being sentenced today for three counts of making indecent photographs of children and one count of distributing such photographs.  Your offending spans some 5 years and involved 1,731 still images and 29 movies of which some 377 were at category 4 on the Copine scale and some 25 at the more serious category 5 of the scale.  You used three different devices for that purpose and you actively joined chat groups of like-minded individuals where you made clear your interest in child pornography.

2.        We deal first with the matters arising the Sex Offender (Jersey) Law 2010 and from your plea of guilty you became subject to its requirements and in our view a period of 5 years from today should elapse before which you may apply to have the notification requirements disapplied.  Furthermore, whilst these are non-contact offences, you are assessed as posing a medium risk of sexual reconviction and we note the inappropriate contact with the 13 year old friend of your former partner's daughter and the other matters referred to by the Crown.  We think accordingly that it is appropriate to impose a restrictive order and we note that you do not oppose it.  We therefore impose that order in the terms sought by the Crown.  The Crown can provide as appropriate details of the order made to the media subsequent to this hearing. 

3.        The nature of the offending places you within level 4 of the guidelines set out in the case of AG-v-Godson and Crowley [2013] (2) JLR 1 which gives us an initial figure of 3 years.  In our view there were a significant number of images in the higher and more serious bands and, given that you shared images and you were in a position of trust, both personally and in the community by virtue of your membership of the Honorary Police to which you have brought a significant measure of shame, in our view the correct figure before allowing for discounts for personal mitigation is one of 5 years as the Crown has suggested.  We allow you, of course, full credit for your guilty plea and we have read with great care and note the letters both from you and those sent on your behalf and we accept that you feel genuine remorse and now have attained an understanding, which perhaps you had before, of the effects of these kind of offences.  As the Court has said on a number of occasions, these are not victimless crimes.  Real children suffer real abuse in order that these photographs are taken and movies made and anyone with an appetite for downloading and consuming that simply adds to the marketplace in which that abuse takes place. 

4.        You have no relevant or any previous convictions and you are accordingly are of good character. 

5.        We have considered the matter anxiously in the round but we think that the conclusions moved for by the Crown are correct in the circumstances of this case and accordingly you are sentenced to 3 years' imprisonment in connection with Counts 1, 2 and 3 and 18 months' imprisonment in connection with Count 4, all to operate concurrently, making a total of 3 years' imprisonment. 

6.        We order the forfeiture and destruction of the computer equipment. 

Authorities

Sex Offender (Jersey) Law 2010.

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

AG-v-Maguire [2012] JRC 089.

AG-v-Whitehouse [2015] JRC 224.

AG-v-Hosking [2015] JRC 173.