September 17, 2011

Home detention for having child sex images

By Anne Clarkson at the Rangiora Court House

Restaurant manager Barry Smith said he looked at pornographic images stored on his computer to relieve feelings of anxiety and depression.

Fifty-year-old Smith?s collection included child sex pictures among the 25,000 still images, or the 1300 pornographic video clips he had.

Defence counsel, Michael Knowles, said Smith was a good man with good references, and had never offended before.

Smith?s psychological report said watching the images was at times an addiction, and he would look at them in moments of anxiety and depression, said Mr Knowles.

Everything he accessed was free of charge. He started off looking at things that were not unlawful, then slipped into unlawful images. He did not sell or profit from any of the images, but he didn?t think closely enough about what he was doing, he said.

Since his arrest he had been having treatment for almost a year at his own expense, and did not have a computer.

Judge Brian Callaghan said that children subject to these gross situations would grow up and have the same issues as people who had been sexually abused.

It was abhorrent, not only for the issues it would create for these children, but also that they were exploited. They were very disgusting images, he said.

Smith?s probation report said he had undergone therapy, and his risk for re-offending was low.

He said Smith was remorseful, but now had insight into his problem, had a support network, and had undergone treatment.

The judge sentenced him to seven months home detention and 200 hours community work that can be converted to training, on 15 charges he had admitted of having objectionable publications.

His home detention conditions include not to associate with anyone under 16 without permission of his parole officer, not to own a computer, and to undergo assessment and treatment as directed by his probation officer.

He ordered the destruction of all items seized.

Smith?s activities were traced through a 2009 investigation in Luxembourg into a website offering images of young girls in sexualised poses.