A MAN jailed for having indecent photographs of a girl aged seven on his mobile phone has been released on appeal.
Damien Andrews, aged 25, was sentenced to 26 weeks imprisonment by Llandudno magistrates in February.
But his appeal at Mold Crown Court yesterday (Wednesday, March 19) was allowed and he was placed on a three year community order.
He was placed on supervision and he was ordered to attend courses aimed at addressing Internet offending.
The judge, Mr Recorder Simon Mills, stressed that they were not seeking to criticise the lower court which may not have had the full information before it.
The Recorder, sitting with two magistrates, reduced the defendant’s SOPO (sexual offences prevention order) and his requirement to sign the sex register from seven to five years.
“What you did was, by some means get into contact with a female whose identify is shrouded in mystery.
“She sent you the three images that you possessed in this case,” he said.
He had viewed them on two occasions before deleting them.
The judge said that the defendant had engaged in sexual explicit conversation with the female who was aged 17 and that was what led him to receive the images.
Andrews was said to have been sickened by them, took no pleasure in seeing them and deleted them.
Mr Mills said that the court took the view that an onerous community order was the best way to secure public safety and reduce the risk he posed, and to help him make correct decisions about contact with females in the future.
Andrews of River Street in Rhyl had received six months in the magistrates’ court on a guilty plea- which meant that they must have taken a starting point of nine months.
Defending barrister Matthew Curtis said that the appropriate starting point was six months.
At this stage Andrews had served six weeks of the sentence which he had found incredibly difficult.
He had co-operated fully with the investigation and had clearly not appreciated the significance of receiving and view images on his mobile phone.
The defendant had been sickened by them and deleted them – he had not stored them for the future and there was no suggestion of distribution, said Mr Curtis.