Possession of Indecent Images Charges Withdrawn
KANGS has successfully defended an elderly client who had been charged with a single count involving indecent images. Our client, a gentleman of unblemished character, had, on the advice of his previous solicitor, entered a plea of ‘Guilty’ at the Magistrates’ Court.
Unsure about the advice he had received earlier, he sought a second opinion. After consulting with the team at KANGS, he was advised that there was a valid defence against the allegations he faced, leading to the vacation of his 'Guilty Plea', and enabling him to pursue his defence before the Crown Court.
Subsequently, the Judge dismissed the charge, much to our client's relief. Sukhdip Randhawa of KANGS outlines how this successful outcome was achieved.
The Allegation | Possession of Indecent Images
- Whilst conducting a search of our client’s home, Police Officers seized a computer tower which they suspected contained sexually offensive material.
- Amongst the material stored was discovered a file which our client maintained was a rogue file that he had neither requested nor viewed.
The Relevant Law
Under the Criminal Justice Act 1988 section 160 (2), when a person is charged for the offences of possessing indecent photographs or pseudo-photographs, it is a defence if he had not himself seen the photograph or pseudo-photograph and did not know, nor had any cause to suspect, it to be indecent and it was sent to him without any prior request made by him or on his behalf.
In the case of R v. Smith and Jayson (2002) the Court of Appeal stated:
‘we entirely accept that a person is not guilty of an offence of “making” or being in possession of “an indecent pseudo-photograph’’ contained in an email attachment if, before he opens the attachment, he is unaware that it contains or is likely to contain an indecent image.’
Accordingly, based on this case law, the KANGS team advised our client that the defence available to him was the fact that he neither knew of nor opened the rogue file, and therefore could not have been aware of its contents.
The Successful Outcome
At the Preliminary Hearing, known as Plea and Trial Preparation Hearing, our legal team emphasised to the Prosecution that, if the proceedings continued, an Application to Dismiss would be presented to the Court.
After further reviewing its stance, the Prosecution decided to take no further action, resulting in no evidence being presented. A ‘Not Guilty’ plea was formally entered and the Judge dismissing the charge.
Our client was naturally overwhelmed and commented:
“Thanks to Kangs for your expertise and support in getting to this stage … I was innocent of this charge, and with your help, have managed to bring this nightmare to an end.”
How Can We Help?
As will be appreciated from the circumstances outlined above a comprehensive knowledge of the law relating to Sexual Offences is absolutely essential when advising clients facing allegations of any form of criminal activity.
If you, a family member or friend is facing allegations of possession of indecent images, it is crucial to act quickly. These charges carry serious consequences, including damage to reputations, employment, and possibly a prison sentence. Our experienced team of solicitors understands the complexity of this area of law and is dedicated to providing a robust defence, ensuring our clients rights are fully protected.
KANGS has earned a nationwide reputation for its services to clients and is consistently recognised by the leading legal directories, Chambers UK and The Legal 500, for our work in criminal defence law. Contact us today for a confidential consultation using the details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through live conferencing or telephone.
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