A CULLODEN man who downloaded child pornography on his home computer has avoided a jail sentence.
Instead, Andrew Bremner was ordered by a sheriff to carry out 250 hours of community service and banned from unsupervised access to computers, apart from internet banking.
Sentence had been deferred on Bremner (50) of Ferntower Place for background reports and so he could be assessed for a Joint Sex Offenders Project.
Sheriff David Sutherland said although on Tuesday at Inverness Sheriff Court the charge Bremner faced was serious, it was at the lower end of the scale and he was persuaded by the contents of the reports that a community based sentence would best serve the interests of the community.
Bremner had previously admitted between April 26, 2010 and June 11, 2010 causing or permitting indecent photographs or psuedo photographs of children to be taken and between April 26, 2010 and December 18, 2010 being in possession of indecent photographs or pseudo photographs of children.
The court heard in total 35 images had been downloaded
At a previous hearing, depute fiscal Heather Swan said information was received by police that Bremner was in possession of pornographic images of children downloaded from the internet on his computer.
The fiscal said a search warrant was obtained and computers were seized from a bedroom of his home which had been converted into a study and 35 images of posed naked children and one video clip were retrieved.
Of the total number of images retrieved 22 were at level one, and two at level five which are regarded as the most serious images.
The video clip was of a six year-old female performing a sexual act which had a running time of 2 minutes and 13 seconds.
Bremner’s solicitor Eilidh Macdonald told Sheriff Sutherland Bremner had lost his job as a result of the case and was now having to put his house on the market. “There has never been any question of distribution of these images having taken place.”
She said the number of images was small and it was up to the court to decide whether he should face a prison sentence or could be rehabilitated.
She said he was a first offender and asked for him to be allowed to be rehabiliated in the community. “He knows he’s done wrong,” Ms Macdonald added.
Sheriff Sutherland on Tuesday also placed Bremner on a three-year community payback order and he had previously been placed on the Sex Offenders Register.