Summary
Following a police search of his home in November 2021, our client was arrested and charged with five counts relating to making and possessing indecent images of a child. Our client is diagnosed with autism and several other mental illnesses. He accepted all charges against him and acknowledged the impact and harm of his offences.
In cases of this nature, offenders are at a considerable risk of receiving a substantial custodial sentence. However, Lawtons’ solicitor Samantha Harmer submitted significant mitigation in relation to the delay in our client’s arrest and his mental illnesses. Owing to the strength of this mitigation and the expert representation provided at Luton Magistrates Court, our client was given a non-custodial sentence.
About the Case
Police received information that in January 2019 and January 2021, child abuse material had been uploaded onto the internet from an IP address linked to our client’s address. Upon searching our client’s address, the police seized a phone and a computer tower which contained the sensitive material. A total of 425 images were identified on these devices.
In light of our client’s mental health diagnoses, a psychiatric evaluation was conducted which determined a deficit in our client’s decision-making and consequential thinking.
Despite this, our client showed good recognition of the harm caused to children in the production of said material. He wholeheartedly denied having deliberately looked for these photos but accepted the harm in his actions and pleaded guilty to the charge.
Court
Samantha underwent meticulous preparation of mitigation to persuade the court to suitably sentence our client. She asserted that our client’s neuro-divergency played a significant role in his vulnerability and that this should be taken into account. She made a detailed plea in mitigation in court, arguing for our client to receive a lesser sentence.
When sentenced at Luton Magistrates Court in January 2025, the court accepted the extensive mitigation put forth by Samantha and were persuaded not to impose a custodial sentence. Instead, our client was sentenced with a 12-month community order and a fine.
This case shows the importance of securing quality legal representation as soon as possible. Our client and his family showed overwhelming gratitude to Samantha and the rest of her team for their support and for managing the case with such care:
“We had Samantha Harmer representing my son. She was amazing and I couldn’t fault her at all. Overall Lawton’s have been very helpful and we would use them again if ever needed.”
Contact Us
If you require assistance with similar allegations and are looking for a solicitor, please contact our specialist team on 0333 577 0522 or visit our enquiries page.
