Man gets 12 months in prison for 42 indecent images of children

Friday 12 October 2018

A man has been sentenced to one year in prison after admitting possessing 42 indecent images of children, on three separate phones.

David Brain, 31, pleaded guilty to the charges, which first came to light after a relative of his child, who had been using the defendant's phone to watch a video, found one of the pictures.

Guernsey's Magistrates Court yesterday heard how Brain had come to the island in 2016 to work in a kitchen and during that time had a relationship, and then became a father.

On 9 March 2018 the defendant had gone to the home of one of his child's relatives, and while there he put on a downloaded kid's video for a child at this address to watch on his mobile phone. She accidentally turned the video off and went into the photo library where she saw an indecent image of a child under the age of 16.

On confrontation Brain took his phone and fled to St Julians house where he confided to a resident, saying: "I've messed up."

Pictured: Brain admitted the images were on his phone, after they were found by a relative of his child. 

Brain was subsequently arrested by Guernsey Police where his phone was seized and investigated by the high tech crime unit which found 30 indecent images of children within the deleted cache of his phone, the original image and 28 further, which were classified as SAP one and a further image which was classified as SAP 2.

Within the legal system indecent images can be “graded” on a scale (originally outlined by the UK Sentencing Advisory Panel (SAP), on this scale one is the least serious with the scale going up with more serious exploitation.

After being bailed, Brain returned to the police station as required and at this time was carrying a new smart phone, which was also seized and this was found to have five indecent images of children within the deleted cache, all of SAP one.

The defendant then left the island, and failed to surrender to bail but was arrested on his return to Guernsey, and was remanded in custody on 30 July, 2018.

On his arrest, Brain was found to be in possession of another new phone, which also after being seized was found to have eight SAP one images and thousands of records in the internet history of him visiting the types of website associated with such photos.

In sentencing, Judge Cherry McMillen said that the evidence in this case was overwhelming with 42 SAP one images and one SAP two image spread over three mobile devices and the second and third offences taking place whilst on police bail.

She said: "You committed further offences whilst on bail and left the island and then yet further offences on a third phone. I have had the unfortunate job of having to view the images, which are grotesque and appalling and whilst at category one, the lower level have been affecting on myself and I am sure others in the justice system who also had to view them."

She continued to address Brain, saying: "You are giving a message to those who exploit children that there is money to be made by these images and you have contributed to that. You regularly accessed images and allowed those who make a profit to continue their evil work.

"I do not believe the images were accessed out of curiosity, I believe they were for your own sexual gratification. You pose a threat of sexual harm to children."

Brain was sentenced to one year in prison to run from 30 July 2018, the date he was taken into custody.

The judge further stated that the public needed to be protected and issued Brain with a sexual offences order to be valid for 10 years from 11 October 2018.