Summary
Our client was facing charges relating to possession of indecent images, to which he ultimately pleaded guilty. Partner Joanne Cestaro put forward significant mitigation on our client’s behalf. Despite having a previous conviction for indecent images, our client was sentenced to a nine-month suspended sentence.
Details of the Case
Due to a previous conviction for indecent images charges, monitoring software was installed on our client’s devices. Bedfordshire Police were notified that indecent images of children were detected on his phone. After seizing the device, category A and B indecent images were identified.
After being arrested, our client was charged with two counts of making indecent images of children. He ultimately entered guilty pleas to both charges, however on the basis that he did not deliberately seek out indecent images. He maintained that he was accessing legal pornography but that there was a likelihood that indecent images would have been on those same websites.
Our Defence
Partner Joanne Cestaro was instructed in this case due to her expertise in representing clients facing serious and complex charges. As our client was already on a suspended sentence order (SSO) from his previous conviction, a second conviction would likely activate this SSO and lead to immediate imprisonment.
Given the circumstances of the case, our client was at risk of being sentenced to a minimum of 12 months immediate imprisonment.
Court
Our client’s court date took place at Luton Crown Court where Barrister Anne Faul of Lamb Building Chambers provided expert representation. Anne made extensive mitigating representations on our client’s behalf to oppose our client being immediately imprisoned. She submitted that our client had accepted his behaviour and that this was evident in that he had not committed any offences in two years.
Anne also highlighted that a short custodial sentence would be detrimental to all the previous rehabilitative work that our client had undertaken with the probation services. Our client accepted that he had challenges but had taken steps to opt for a healthy lifestyle.
In his sentencing remarks, the Judge referred to the strength of Anne’s representations and that her mitigation had convinced him not to impose an immediate prison sentence. Instead, he sentenced our client to 9 months imprisonment suspended for 24 months.
Our client was extremely pleased with this outcome and grateful to both Joanne and Anne for their support. Without Lawtons’ expertise, our client likely would have received an immediate prison sentence.
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