Jan 2008

Extenuating circumstances of man who downloaded child porn

A LORRY driver who admitted downloading child porn has been spared jail.

Police found the images on Steven Paul Kerley’s computer and a disc marked with an X when they raided his home in Shelley Place, Tilbury on September 20 2006.

Kerley, 37, claimed he downloaded the images by accident while he was using a website called Line Wire, which is a sharing site for music and adult pornography, and the X on the disc was to remind him to destroy it.

There were 62 images at level one, three at level two and two at level 3. Level five is the most serious.

At Basildon Crown Court today the married father of one was sentenced to a conditional discharge, ordered to pay £1,000 in costs and to sign the sexual offender’s register for 12 months.

Judge Christopher Mitchell said: “He pleaded guilty of possession on the basis that when those images were downloaded he didn’t know what he was doing it.

“There came a time when he realised he had these images on other CDs that contained other matters, normal matters.

“This isn’t a case of a man who has gone searching for child porn.”

Judge Mitchell also told Kerley: “You unintentionally and unknowingly copied these images but when you realised you had them you simply didn’t destroy them.

“This case is out of the ordinary from many cases involving child porn that come before this court.”

Judge Mitchell ordered the forfeiture and destruction of the computer equipment and disc seized.

Kerley pleaded guilty to eight counts of making indecent images of children and one count of possessing 59 indecent images of children at an earlier hearing.