Summary
Our client was facing three charges relating to making indecent images of children, to which he pleaded not guilty. Partner Joanne Cestaro represented our client in this matter and prepared a robust defence ahead of his trial. Thanks to the strength of Joanne’s preparation, the Prosecution offered no evidence at Court and our client was acquitted of all three charges.
Details of Case
Bedfordshire police received intel that indecent images of children had been uploaded to the internet using an IP address linked to our client’s home address. The Police seized and analysed our client’s devices, which revealed indecent images of children (IIOC) across categories A, B and C.
During his Police interview, our client denied intentionally looking at IIOC but stated that when watching pornography, he had occasionally come across indecent images and had reported them. He stated that he had reported IIOC via his browser at least 20 times.
Our Defence
After being released on bail, our client chose to instruct Partner Joanne Cestaro due to her expertise in defending serious criminal allegations. Our client’s case was that any IIOC were viewed by accident and that there was nothing in his search history that would show that he intentionally searched for IIOC.
The Prosecution had instructed a digital expert who dealt with the extracted material from our client’s phone. Their case was that our client had knowingly downloaded the images.
Our client maintained that he did not know that the IIOC had been downloaded onto his phone. He stated that it was possible to open a link on a website which meant that material would be automatically downloaded without him actually viewing the images.
On this basis, Joanne instructed a defence expert to prepare a report on whether the images were viewed before they were downloaded. Given the category of the indecent images in this case, our client would be at risk of a prison sentence of up to three years if found guilty and convicted.
Outcome
Barrister Michael Newport of Lamb Building Chambers represented our client at Luton Crown Court for a hearing after the Prosecution had reviewed our defence expert’s report. The Prosecution confirmed that their expert could not challenge our expert’s report.
As a result, the Prosecution formally offered no evidence and our client was found not guilty of all three charges. Our client was extremely relieved with this outcome and grateful to Joanne and Michael for their support and expertise during such a difficult time. Without Joanne’s intervention and guidance, our client may have faced a much more severe outcome.
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