Nwicker60
24-Oct-12, 11:12
Medical report called for on accused after comprehension issue is raised
A MAN, who downloaded pornographic images of children, was back in court this week for breaching a bail ban designed to keep him away from computers.
Malcolm Don (41) didn’t actually have his hands on the keyboard but was present on the two occasions that other people obtained information, on his behalf, Wick Sheriff Court was told.
It was stressed that none of the information was of a sexual nature and it was suggested, that Don, was not able to appreciate the absolute nature of the ban, prohibiting him from being involved in the operation of a computer unless under special arrangements.
Don, of Seaforth Gardens, Halkirk, was placed on the Sex Offenders Register last month, after he admitted, on indictment, to taking or permitting to be taken or making indecent photos of pseudo-photos of children, between July 1, 2007 and June 29, 2009. The court was told that 3,193 obscene photos of children, as young as 12 years, were uncovered at a house in Pentland Place, Castletown, by police, who during a raid. The images, which didn’t show sexual activity, were discovered in various folders and sub-folders along with 24 videos.
Don was said to have been shocked at the number of images, believing that he had downloaded only a 1000 to 1,500 of them. The case was continued for a social inquiry report, until this week when a changed in Don’s legal representation emerged and the background to the breach of the computer condition, admitted by the accused, was explained.
Solicitor Fiona MacDonald said that the material had been obtained at Don’s home and at his sister-in- law’s address. Don, who appeared from custody, had not personally operated the computers from which information on a land bank and the accused’s e-mails were obtained.
She said that the breach, which was admitted by the accused, had been due a lack of comprehension on his part, as opposed to the deliberate act.
Ms MacDonald continued: “I have had a discussion with his father who raises a concern regarding his son’s ability to recognise and understand matters that most people younger and older people would understand.
The solicitor said that this was also reflected in the report before the court relating to the offence. She said she appreciated that the case had reached the sentencing stage but suggested that a medical assessment would be useful, beforehand.
Sheriff Berry said that he did not see anything in the papers available to him, to cause him concern but, observed that the accused’s family had expressed fears and added: “It would not be proper to ignore them”.
Don was granted bail and will return to court in a month’s time when the sheriff will see a medical report from the accused’s doctor.
A MAN, who downloaded pornographic images of children, was back in court this week for breaching a bail ban designed to keep him away from computers.
Malcolm Don (41) didn’t actually have his hands on the keyboard but was present on the two occasions that other people obtained information, on his behalf, Wick Sheriff Court was told.
It was stressed that none of the information was of a sexual nature and it was suggested, that Don, was not able to appreciate the absolute nature of the ban, prohibiting him from being involved in the operation of a computer unless under special arrangements.
Don, of Seaforth Gardens, Halkirk, was placed on the Sex Offenders Register last month, after he admitted, on indictment, to taking or permitting to be taken or making indecent photos of pseudo-photos of children, between July 1, 2007 and June 29, 2009. The court was told that 3,193 obscene photos of children, as young as 12 years, were uncovered at a house in Pentland Place, Castletown, by police, who during a raid. The images, which didn’t show sexual activity, were discovered in various folders and sub-folders along with 24 videos.
Don was said to have been shocked at the number of images, believing that he had downloaded only a 1000 to 1,500 of them. The case was continued for a social inquiry report, until this week when a changed in Don’s legal representation emerged and the background to the breach of the computer condition, admitted by the accused, was explained.
Solicitor Fiona MacDonald said that the material had been obtained at Don’s home and at his sister-in- law’s address. Don, who appeared from custody, had not personally operated the computers from which information on a land bank and the accused’s e-mails were obtained.
She said that the breach, which was admitted by the accused, had been due a lack of comprehension on his part, as opposed to the deliberate act.
Ms MacDonald continued: “I have had a discussion with his father who raises a concern regarding his son’s ability to recognise and understand matters that most people younger and older people would understand.
The solicitor said that this was also reflected in the report before the court relating to the offence. She said she appreciated that the case had reached the sentencing stage but suggested that a medical assessment would be useful, beforehand.
Sheriff Berry said that he did not see anything in the papers available to him, to cause him concern but, observed that the accused’s family had expressed fears and added: “It would not be proper to ignore them”.
Don was granted bail and will return to court in a month’s time when the sheriff will see a medical report from the accused’s doctor.