An Army reservist who admitted to making more than 150 indecent images of children has been spared jail after ‘human error’ resulted in his case taking four years to come to court.
Jamie Edward Roberts, whose address was given as Lichfield Road in Weymouth, appeared before Bournemouth Crown Court on Friday, December 16 for sentencing.
Roberts, 29, had previously pleaded guilty to five charges: three counts of making indecent photographs / pseudo-photographs of a child, one count of possessing a prohibited image of a child and one count of possessing extreme pornographic images portraying an act of intercourse with animals.
The offences took place in July 2018 and the judge, Recorder Don Tait, started the hearing by saying that “human error” was to blame for the length of time between offences and court proceedings.
The judge said he was 'in effect being asked to consider a custody sentence' for someone who 'through no fault of (his) own' had to wait four years to appear before court."
The court heard Roberts made and possessed 60 Category A images of a child, 36 Category B images and 70 Category C images with the images being discovered on a hard-drive at Roberts’ address after police ‘received information’ and ‘seized devices’ belonging to Roberts.
In police interview, Roberts admitted the hard-drive belonged to him but provided a largely no comment interview.
The images were described as ‘extreme pornographic stills and videos of children, no older than the age of 14, engaging in sexual activity’.
Roberts was also found in possession of images portraying a person performing sexual acts with a live or dead animal'
The court heard Roberts had ‘actively searched’ for the material.
Roberts has subsequently joined the military reserves and served a tour of Cyprus as a signaller.
In mitigation, the main argument surrounded the 'extraordinary' length of time between the devices being seized and Roberts' court appearance. Roberts' defence barrister said the fact he hadn't reoffended during that time and 'not simply regressed back' to searching for the material suggested he had 'a lot to offer society'.
In sentencing, Recorder Tait told Roberts: “I’m quite sure that these proceedings have had a sobering effect on you. At the end of the day there are children somewhere in the world (suffering) so that people like you can access this material.
“I trust you have learned your lesson. Do not get involved with this sort of thing again.”
Roberts is required to complete 20 rehabilitation activity requirement days, 100 hours of unpaid work and was made subject to a sexual harm prevention order for a period of five years.
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