SOCIAL MEDIA

August 22, 2018

To establish “possession” for the purposes of the offences of possessing indecent images of children or extreme pornographic images, the prosecution had to establish (a) that the images were within the accused’s custody or control so that he was capable of accessing them, and (b) that he had known that he possessed images. Where unsolicited images were sent to the accused by the messaging application “WhatsApp” and automatically downloaded to his phone’s memory, it was highly likely that (a) would be made out; whether (b) was made out would depend on whether he knew he had received images.

CRIMINAL PROCEDURE INDECENT PHOTOGRAPHS OF CHILDREN JURY DIRECTIONS POSSESSION POSSESSION OF EXTREME PORNOGRAPHIC IMAGES SOCIAL MEDIA

August 16, 2013

Sentences totalling 16 months’ imprisonment were unduly lenient, having been imposed following an offender’s guilty pleas to 15 counts of causing or inciting, or attempting to incite, children to engage in sexual activity where the offender had contacted up to 220 children via Facebook. A sentence of four years was appropriate.

CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY INDECENT PHOTOGRAPHS OF CHILDREN OFFENDER CONTACTING CHILDREN VIA FACEBOOK AND INCITING SEXUAL ACTS ON CAMERA s.101 s.81 SENTENCING SENTENCING GUIDELINES SEXUAL OFFENCES ACT 2003 s.8 SOCIAL MEDIA UNDUE LENIENCY

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