Possession of child pornography 'not a faceless crime', says judge

Two-year sentence suspended 'reluctantly', with mitigating factors including 10-year delay in proceedings because of backlog in such cases

The man was handed a two-year sentence but the sentence was fully suspended 'reluctantly'.  File picture: iStock

Possession of child pornography is "not a faceless crime" and is actually "amplified" because the defenceless, unknown children being exploited are somewhere they can not be helped, a sentencing judge told the Circuit Criminal Court in Tralee, Co Kerry.

Simon Bolt, aged 64, of Hollymount, Rathmore, Co. Kerry, was before the court after pleading guilty to possession of child pornography electronically stored in his home on a date unknown between March 7, 2011,  and March 6, 2013.

The charge is contrary to section 6 (1) of the Child Trafficking and Pornography Act, 1998.

He was handed a two-year sentence but the sentence was fully suspended "reluctantly". The 10-year delay in the proceedings because of the backlog in such cases was one of the main mitigating factors and the reason for the suspension of the sentence in its entirety, said Judge Sinead Behan.

The court heard gardaí from Newmarket, Co Cork, acting on local information, obtained a search warrant to search Bolt’s home in 2013. They found a computer and a laptop. Initial and subsequent analysis found 70 images. Some 33 were "category one" child sexual images, the most serious of the categories. They concern boys and girls under the age of 17 engaging in sexual activity with other children or adults, the court was told.

A total of 34 "child exposure images" were discovered. There were also three child animation or cartoon images involving child sexuality.

The images had been deleted but the imprint remained on the system files.

There were delays in this type of case because of a shortage of forensic examiners and a substantial backlog of four to five years, gardaí said, agreeing with defence counsel Ray Boland.

Bolt claimed he was posing as a young girl in online chat rooms because he himself was abused as a child and was trying to track abusers, the court heard. 

This was a case of "possession without distribution" and the number of images involved was low, compared to other such cases, said Mr Boland.

Judge Behan said: "This is a case involving the exploitation of defenceless children. It is not a faceless crime."

The wrong done to the children was amplified because they are not here, they could not speak of the impact on them; they were unknown, "and society cannot help them where they are being exploited by individuals like you", Judge Behan said to Bolt directly.

She handed down a two-year sentence, suspended reluctantly.

In view of "this historic situation" — that it had taken a decade to come before the court — Judge Behan said she was suspending the sentence entirely on condition Bolt engages with the office of the Probation Service and enters a sex offenders programme for a period of three years.

Tom Rice, prosecuting, said Bolt will be placed on the sex offenders register. Rice also obtained a destruction order of the devices on which the offending material was found.