May 2016

Dundee sex offender avoids life sentence

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A convicted Dundee sex offender who searched the Internet for “extremely graphic” images of toddlers & babies being sexually abused has been jailed

Despicable Brian Clark, 45, was handed a three and half year prison sentence by judge Lady Stacey at the High Court in Edinburgh on Friday.

Lady Stacey also ordered that the pervert be supervised by the authorities for three and a half years following his release from jail.

Clark, of Dundee, was sent to the high court after being convicted of possessing child sexual abuse at the city’s sheriff court in December 2015.

Police raided his house last July and found 15 hours of video and almost 450 images of children aged between one to 15 being abused on his laptop.

He purchased the computer just two weeks after an Internet ban for a previous sex offence had expired.

Sheriff George Way remitted the case to the high court for sentencing after hearing how Clark had previous convictions for lewd and libidinous behaviour.

He was released from prison and was on licence which expired on May 18 2015.

Sheriff Way thought that Clark’s criminal record meant there could be a possibility that he was eligible for the imposition of an Order for Lifelong Restriction.

Such an order means that people who receive it are only released back into the community once the parole board consider that they no longer pose a threat to public safety.

However, on Friday, Lady Stacey said she was satisfied that Clark’s offending could be dealt with by the imposition of an extended sentence.

She said: “I am satisfied from the reports placed before me that the matter can be dealt with without the imposition of an OLR.”

At original proceedings in Dundee Sheriff Court, depute fiscal Nicola Gillespie said police had gone to his home after receiving a tip off that indecent images of children had been downloaded there.

She said: “They found the accused and his partner at the address and a number of items including an Acer laptop and a USB device were seized.”

Miss Gillespie said a total of 268 videos were found on the equipment, which many of the images being category A, which contains the most serious and graphic sexual activities.

Clark, a prisoner of HMP Perth, pleaded guilty to the offences which which were committed between May 31 and June 29 in Dundee.

After Sheriff Way sent the matter to the high court, specially trained social workers assessed Clark to see if he met the criteria for an OLR.

The court heard on Friday that social workers concluded that Clark didn’t need an OLR and that he could be rehabilitated.

Defence advocate Susan Duff told the court: “This is a matter which could be dealt with by the imposition of an extended sentence.

“He could take the courses which prisons have available in which he can address his issues.

“He is someone who can become a functioning member of society without having the deviant interests which he has had.”

Lady Stacey then imposed the extended sentence on Clark.

December 2015

Paedophile searched for child sexual images just days after internet ban lifted

A Dundee paedophile is facing a life sentence for downloading horrific footage of children being tortured and sexually abused just days after an internet ban on him was lifted.

Brian Clark was caught with “extremely graphic” videos of children as young as one “screaming in distress”.

He had his case remitted to the High Court after a sheriff today ruled his own sentencing powers were insufficient for the offence.

High Court judges could impose a lengthy jail term and the possibility of an order for lifelong restriction which would see him monitored for the rest of his life on release.

The 44-year-old, previously jailed for 20 months for possessing child abuse images, was on a supervised release order when he trawled the web for the sick material.

Police acting on intelligence recovered a laptop and USB stick from Clark’s then home in Dundee’s Aboyne Avenue.

Depute fiscal Nicola Gillespie previously told Dundee Sheriff Court 448 images and 268 videos, totalling over 24 hours, were found.

Clark admitted taking or permitting to be taken indecent images or pseudo images of children between May 31 and June 29.

A not guilty plea to a separate charge alleging possession of extreme pornographic images depicting bestiality was accepted by prosecutors.

Sheriff George Way told the court: “The images are deeply concerning and I have come to the conclusion that I will exercise my powers under section 195 of the Criminal Justice Scotland Act.”

October 2015

Paedophile hunted for ‘extremely graphic’ videos days after previous internet ban was lifted

A convicted paedophile downloaded horrific footage of children being tortured and sexually abused just days after an internet ban on him was lifted.

Dundee Sheriff Court today heard Brian Clark was caught with “extremely graphic” videos of children as young as one “screaming in distress” when officers raided his then address in Dundee’s Aboyne Avenue in May.

The 44-year-old was previously jailed for 20 months for possessing child abuse images and was on a supervised release order when he trawled the web for the sick material.

Police acting on intelligence recovered a laptop and USB stick from Clark’s home.

Depute fiscal Nicola Gillespie told the court 448 images and 268 videos, totalling over 15 hours, were found.

A condition of his licence banning him from from accessing the internet had expired less than two weeks before the new offence.

He admitted taking or permitting to be taken indecent images or pseudo images of children between May 31 and June 29.

Clark may have his case remitted to the High Court, which has greater sentencing powers.

Sentence was deferred for reports until December 14.