Martin Davidson 49

Description

A LYMINGTON paedophile who was found with more than 2,000 indecent pictures of children has avoided an immediate jail sentence after a judge ruled he did not intend to share them.

Martin Davidson (49), of Ditchbury, had previously pleaded guilty to two counts of making indecent images, which included some of the most serious, category A, and three counts of distributing them.

He also admitted possessing an extreme pornographic image.

However, Davidson claimed he was unaware an app he had downloaded to boost his internet speed would automatically share the images with others, which led to a Newton hearing at Southampton Magistrates Court to resolve factual differences.

Southampton Crown Court
Giving evidence, Davidson said he had used the app to download films and music before this led to viewing pornographic and indecent images.

He said the app was a complicated system and he had used an internet search to find how to improve his download speeds, changing the settings in the app based on what he copied from a forum.

Despite it being described by prosecutor Ellie Sheehan as a peer-to-peer sharing app, Davidson said never at any time had he considered the files he was downloading would be shared elsewhere and was unaware the sharing was automated.

Recorder James Watson KC ruled Davidson had not knowingly distributed the images, which the court heard showed children as young as two in distress.

Davidson was arrested at his home in September 2021, and his laptop and a mobile phone were seized.

On examination they were found to contain 772 category A images, 298 category B and 1,006 category C.

All categories contained stills and videos, the court heard, with most of the children shown estimated to be aged between five and 10 years.

Defending, Daniel Higgins said his client had been in a dark place when the offences were committed over a three-month period, but had been transparent and compliant after his arrest.

He had taken significant steps to address his offending, and engaged with therapy and the Lucy Faithfull Foundation, a charity dedicated to preventing child sexual abuse.

A letter from Davidsons wife, which was not read out in court, spoke volumes about the impact of his offending on the family, he said, who would be punished if he was sent to jail.

He added: The stigma carried with this type of offending, which is known within the local community, is further punishment itself.

Sentencing him to a total of 16 months in prison, suspended for 24 months, recorder Watson said: Distribution is, within the guidelines, a much more serious offence than possession and in dealing with you that must be the lead matter.

However, I have concluded the prosecution cannot show you intentionally distributed the images with knowledge of what you were doing.

There was a degree of naivety, coupled with carelessness, through using the app.

Turning to the possession charges, he said aggravating factors included the volume of images and evidence of organised and encrypted storage archives.

He added: You and your wife have clearly worked hard on the difficulties revealed by your behaviour, and I accept overall the direction of travel gives one some optimism for future rehabilitation.

You have shown a degree of remorse and insight, and put the time from your arrest to good use.

Had I found the prosecution case proved, there would have been no escape from an immediate custodial sentence.

Davidson must also carry out 150 hours of unpaid work and was made the subject of a Sexual Harm Prevention Order, which restricts his internet activity for 10 years.