A man 'addicted to child pornography' has been spared jail after admitting making and distributing hundreds of indecent images of sexual abuse involving children.
James Silvano, 28, of Churchstoke, was sentenced to 16 months in prison but was suspended for two years when he appeared before a judge at Mold Crown Court on Wednesday, June 12.
Police found that his Apple iPhone had 266 category A, some of the most serious kind of imagery, 128 category B images and 277 category C images.
Extreme pornographic images of a person performing a sexual act with a dog was also found on his phone.
His Honour Judge Niclas Parry told Silvano that he believed that it would be “far better" for him to get help for his addiction than going to prison after the court heard that the 28-year-old accepted he had a problem, and that three years had passed since the offences.
"I think you now understand what you were viewing was actually happening to young vulnerable children," the judge said.
"It wasn’t cartoons; it was happening to them because people like you provide a market for that vile behaviour."
He added: "Unusually, I can take into account that you are addicted to child pornography."
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Prosecuting barrister Catherine Elvin said the offences dated from July 2021, and apologised on behalf of the Crown for the delays citing the long wait for the phone to be analysed.
"It’s probably an indication about how much of this kind of offending goes on; there is so much material that needs analysing," Judge Parry responded. "It’s so sad."
Ms Elvin explained that Silvano's iPhone was seized by police after officers executed a search warrant at his home in Churchstoke on July 5, 2021.
A digital forensic unit found a number of search terms for 'jailbait' and 'young nudist' which the court heard was Silvano "clearly seeking indecent images intentionally".
Chat logs were also found on his phone from the instant messaging mobile app Kik that "provided evidence of a sexual interest with children". One exchange involved Silvano sending a category B image to another user.
The court heard that the Churchstoke man, who had no previous convictions or cautions, admitted to police that he had been chatting to another user who had asked him if he "wanted to see something different".
Ms Elvin added: "The defendant wasn't pleased because he knew it was illegal. He said 'it wasn't his thing' and blocked the user. The defendant denied having a sexual interest in children."
Defence barrister Philip Clemo said Silvano had “good sense" to plead guilty to the five offences.
"This not an uncommon case, sadly, to come before the court," Mr Clemo said.
"Your honour will know that he does accept that he has a problem and wants help, and he wants his life back. Custody would not address the underlying causes."
Sentencing Silvano, of Orchard Walk, Churchstoke, the judge said the 28-year-old’s behaviour was "overridden by your urge for sexual gratification".
After considering the gravity of the offence, Judge Parry said: "You are open to being assisted and there is a realistic view of rehabilitation".
Silvano was ordered to complete an "onerous and tough" accredited programme for up to 45 rehabilitation sessions and must be subject of sexual harm prevention order for the next 10 years.
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