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No defence or mitigation offered by my defence solicitor on indecent images charge.


https://forum.unlock.org.uk/Topic26660.aspx

By Our Alfie - 5 Dec 19 3:27 PM

Hi

This may have been covered in earlier posts if so I apologise.

In January 2017 my house was searched and devices taken by police. I was arrested and interviewed about indecent images of children. My lap top was analysed by the police who discovered 13 indecent images of which only 1 ( which was a Cat A) had been deleted and were, according to the police inaccesible.
 
On the advice of my solicitor I entered a guilty plea at the magistrates court because I was told by.my solicitor that as the images were on my PC I was guilty of making images ( three charges of making indecent images of a child). I was advised that if I went to trial and was found guilty my punishment would be more severe, ( custody could not be ruled out)than if I had pleaded guilty and it was very likely the local press would report it.

On the day if sentencing the CPS read out the charges but ommitted to mention that all but 1 image had been deleted and that there was no evidence that I had viewed it.

I genuinely do not recall receiving anyninapropiate images. I used to enter sex chat rooms but never discussed children in an inapropriate manner. The CPS have asserted that I used code to discuss underage ( ridiculous). 


The point I wish to be considered and would welcome comments is should my solicitor have entered in my defence solicitor in mitigation that all but 1 image had been deleted and made inaccessible?
By JASB - 10 Jul 20 7:48 AM

Hi

Since my sentencing I have tried to understand the logic behind the actual sentence given by the Judge and where they gain guidance from.

In brief:
  •  my initial PO pre-sentence report promoted the option of a non-custodial supervisory sentence.
    • My PO's manager did later instruct him to include a custodial sentence option though I was never informed why.
  • the investigating police and CPS supported a non-custodial supervisory sentence.
  • 2 x independent psychological assessments supported a non-custodial supervisory sentence 
The Judge decided to give me 4 years, after a 20% reduction for a early guilty plea - note I accepted guilt on arrest and due to Court process issues I could not make my plea in Court until after 15 months of bail, and it took another 11 months to be sentenced!

The only reason I could obtain for his decision was because I was sentenced on the same date as a major Government report being released on prostitution. Yes my offence was paying for sexual services but no mitigation evidence was provided to the Judge - I didn't go to trial - and the Police did not obtain the mobile phone blackmail evidence supporting my statement.

I do not raise this point to try and dismiss my offence but to highlight no matter what the "guidance books" say, "Political agendas" do have an influence.