AG -v- McLoughlin [2015] JRC 225 (10 November 2015)

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 . Page Last Updated: 27 Sep 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII