Superior Number Sentencing - making indecent photographs.
Before : |
T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Nicolle, Ramsden, Thomas, Ronge and Pitman. |
The Attorney General
-v-
Graham Thomas Storer
Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 27th July, 2018, following a guilty plea to the following charge:
1 counts of: |
Making indecent photographs of children, contrary to Article 2(1)(a) of the Protection of Children (Jersey) Law 1994 (Count 1).
|
Age: 73
Plea: Guilty
Details of Offence:
A search warrant was executed at the defendant's home address which he shared with his long term partner. Several electronic devices were seized including a Lenovo laptop computer. The defendant indicated that the laptop belonged to him and he provided the password.
It was analysed by the High-Tech Crime Unit and in total 7,910 indecent images and movies of children were found, assessed according to the Copine scale as follows:
Level |
Still Images |
Moving Images |
1 |
4,060 |
226 |
2 |
485 |
1,202 |
3 |
152 |
156 |
4 |
460 |
1,132 |
5 |
9 |
28 |
Total |
5,166 |
2,744 |
Details of Mitigation:
Guilty plea, previous good character, co-operation, support of partner and family, remorse.
Previous Convictions:
None.
Conclusions:
Starting point 6 ½ years' imprisonment.
Count 1: |
4 years' imprisonment. |
Total: 4 years' imprisonment.
Order sought under Article 5(1) of the Sex Offenders (Jersey) Law 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 date of sentence.
Restraining Order sought to commence from date of sentence for a period of 8 years under Article 10(4) with the following conditions:-
1. That the Defendant be prohibited from:
(i) using any device capable of accessing the internet unless:
(a) it has the capacity to retain and display the history of internet use, and
(b) he makes the device available on request for inspection by a police officer.
(ii) deleting such history;
(iii) having on the device any software designed to disguise, delete or destroy such history; and
(iv) possessing any device capable of storing digital images unless he makes it available on request for inspection by a police officer.
2. Not to refuse access to his accommodation to police officers who are monitoring or checking on the restraining orders.
Forfeiture and destruction of the laptop sought.
Sentence and Observations of Court:
Conclusions granted.
R. C. P. Pedley, Esq., Crown Advocate.
Advocate G. D. Emmanuel for the Defendant.
JUDGMENT
THE DEPUTY BAILIFF:
1. You are to be sentenced for one count of making indecent images of children under the age of 16. This count comprises 7,910 images in total, 5,166 of them still images and 2,744 of them moving images. A significant number, 1,160, of moving images are at the higher levels of the Copine scale.
2. It is clear that this offending has involved deliberate searching out, downloading and sharing of these images to further your appetite for this material. You describe it as addictive. There are therefore a number of aggravating features, including the number of images involved. We therefore are alive to the fact their number represents a minimum.
3. There was distribution which is always a serious aggravating feature and a not insignificant period of offending of some 4 to 5 years. There is a broad range of image categories, many of them at the most serious level. You appear to have shown no real appreciation of the pernicious and devastating effect the industry in which you participate has on the lives of the children involved. You referred at some point to some of the children appearing to be enjoying themselves.
4. We note the mitigation, your guilty plea and the fact that you were completely co-operative and took steps to avoid your partner from being implicated. You have no relevant previous convictions and we have of course noted the contents of the Social Enquiry Report and that you present a moderate risk of sexualised reconviction. We have read your letter of remorse and the references from family and friends which do speak well of you.
5. We turn first to the notification requirements under the Sex Offenders (Jersey) Law 2010 and we make the order as requested that there shall be a period of 5 years before you may apply to come off the register.
6. Turning to the Restrictive Order sought by the Crown we consider them to be clear and necessary and proportionate in this case and we make them in the terms sought by the Crown for a period of 8 years from today's date.
7. As to sentence the Court's policy is clear and given the number and nature of the images a substantial custodial sentence is inevitable.
8. We believe that the Crown has correctly assessed the level of culpability and we propose to adopt the Crown's conclusions from a starting point of 6½ years you are sentenced to 4 years' imprisonment.
9. We also order the forfeiture and destruction of the laptop.
Authorities
Sex Offenders (Jersey) Law 2010
AG-v-Godson and Crowley [2013 (2) JLR 1]
AG-v-Whitehouse [2015] JRC 224